물품대금
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. Determination on the legitimacy of a subsequent appeal
A. Unless there are special circumstances, if a copy of the complaint of related legal principles and the original copy of the judgment were served by service by public notice, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant is unable to comply with the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. Here, "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice. In ordinary cases, unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice
B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).
Judgment
1) On August 23, 2010, the Plaintiff filed an application for payment order with the Busan District Court 2010 tea17633 against the Defendant on August 23, 2010. However, the above court rendered a decision to refer to litigation proceedings when the original copy of the payment order sent to the Defendant’s domicile was impossible to be served due to the Defendant’s resident registration; ② the above court rendered a decision to refer the case to litigation proceedings; ② the above court rendered a judgment in favor of the Plaintiff on April 26, 201, by serving the Defendant a written notice of the date of pleading by public notice; ③ the delivery of the original copy of the judgment of the first instance to the Defendant by public notice; ④ the Defendant was issued a certified copy of the judgment on February 21, 2017; and the fact that the appeal of this case was filed on March 7, 2017, which is within two weeks thereafter, is obvious or obvious.
C. Accordingly, according to the theory of lawsuit, the Defendant rendered a certified copy of the judgment of the first instance court on February 21, 2017.