양수금
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. Whether a subsequent appeal is lawful;
A. The Plaintiff applied for a payment order against the Defendant on September 9, 2016, and the first instance court issued a payment order on September 22, 2016. On the same day, the original of the payment order was served as “Seoul Mapo-gu building and 201” at the domicile of the Defendant indicated in the written application for the payment order, and the Defendant directly received the original of the payment order on September 26, 2016. 2) The Defendant filed an objection against the payment order with the first instance court on October 4, 2016.
3) On April 3, 2017, the first instance court deemed that the notice of the date for pleading was served on the Defendant’s domicile but was not served on “closed absence”, and on April 12, 2017, it was deemed that the notice of the date for pleading was served on the Defendant pursuant to Article 189 of the Civil Procedure Act by mail pursuant to Article 187 of the same Act. On April 20, 2017, it was deemed that the notice of the date for pleading was served on the Defendant’s domicile, but was not served on the Defendant as “closed absence” but was not served on the Defendant, and on May 1, 2017, the first instance court sentenced the first instance judgment on May 18, 2017 at the date for pleading, which was served on the Defendant’s domicile on May 23, 2017 and June 10, 2017, and was still served on the Defendant pursuant to Article 187 of the Civil Procedure Act, and thus, was not served on the Defendant as an authenticated copy.
5) On October 30, 2017, the period for filing an appeal in the judgment of the court of first instance, the Defendant filed an appeal to the effect that the first instance court contests the judgment of the court of first instance. [The fact that there is no dispute over the grounds for recognition, the fact that is evident in the record, and the purport of the entire pleadings]
B. As long as the original copy of the judgment 1 related legal principles was served by means of service by public notice by the order of the presiding judge, even if the requirements are not satisfied, such service becomes effective as a legal service, and thus, the period of appeal.