대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1.The following facts of recognition shall be apparent in the records or significant to this Court:
On August 27, 2015, the Plaintiff filed an application for the instant payment order against the Defendant with the Changwon District Court, Kim Jong-si Court, 2015 tea1912. On September 11, 2015, the said court served the original copy of the instant payment order to Yangcheon-gu Seoul, Seoul, the Defendant’s domicile, but did not receive the original copy of the instant payment order due to the absence of closure, and on the following day, the Defendant directly received it at the Yangcheon post office.
After September 25, 2015, the Defendant filed an objection against the instant payment order. Accordingly, the instant payment order application was implemented as the instant litigation procedure.
B. On April 26, 2016, the first instance court served a notice of the date for pleading on the Defendant’s domicile, but did not serve the notice on the Defendant’s domicile due to his/her unknown address, and served the said document by means of dispatch, which was ordered as of April 27, 2016.
C. On May 10, 2016, the first instance court opened a date for pleading in the absence of the Defendant, and designated the date of pronouncement on the said date as June 7, 2016.
On May 24, 2016, the first instance court served a notice on the defendant as the above domicile of the defendant, but the notice was not served due to the unknown address, and served the above documents by means of delivery on May 24, 2016, which was ordered to be served on May 24, 2016.
E. On June 7, 2016, the first instance court sentenced the judgment of the first instance court of this case. On July 4, 2016, the original copy of the first instance judgment of this case was served on the Defendant as the Defendant’s above address, but did not serve the original copy of the first instance judgment as the Defendant’s address known.
F. From July 19, 2016, the Defendant submitted a written appeal for subsequent completion on June 14, 2018, the two weeks from July 19, 2016, the service of the original copy of the judgment of the first instance.
2. Determination on the legitimacy of the subsequent appeal
A. The “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the principle that a party is generally required to conduct litigation.