2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The facts under the recognition are recognized by the records of the instant case or are significant in this court.

1) On August 24, 2017, the Plaintiff filed an application for the instant payment order with the Defendant for the payment of the loan amounting to KRW 40,000,000 and damages for delay [the 2017Guj381, Jun. 26, 2017, the lower court issued a payment order on September 26, 2017 and served a certified copy, etc. on the Defendant. The first instance court was proceeding upon the Plaintiff’s application for the lawsuit. The first instance court served the Defendant by public notice and declared the first instance court that accepted all the Plaintiff’s claims on April 18, 2018, and the said judgment was served on the Defendant by public notice.

3) Meanwhile, on September 17, 2018 and December 24, 2018 of the same year, the Defendant filed an application for inspection and duplication of the records of this case with the court of first instance on January 7, 2019, and submitted a written appeal for subsequent completion to the court of first instance on January 7, 2019. (B) Article 173(1) of the Civil Procedure Act provides, “If a party is unable to observe the peremptory term due to any cause not attributable to him/her, he/she may supplement his/her litigation in his/her negligence within two weeks from the date such cause ceases to exist.” Article 173(1) of the Civil Procedure Act provides that “where the first instance judgment was served by service by public notice, the term “where such cause ceases to exist” means where the Defendant was not simply known of the fact that the judgment was served by public notice, and in ordinary cases, barring any other special circumstances, the Defendant becomes aware of the fact that the judgment was served by public notice only after the Defendant’s perusal, or receipt of the original judgment by public notice (see, supra.