양수금
1. The appeal by the Defendant (Counterclaim Plaintiff) shall be dismissed;
2. The counterclaim of this case brought at the trial court shall be brought to the principal lawsuit.
1. Determination as to the legitimacy of the subsequent appeal of this case
A. According to the records of recognition, the following facts are recognized:
1) On March 21, 2017, the Plaintiff filed an application with the Defendant for a payment order seeking payment of the same amount as stated in the purport of the claim against the Busan District Court Branch Branch Branch of Busan District Court Decision 2017 tea6794. 2) On March 29, 2017, the original of the payment order (hereinafter “instant payment order”) upon the Plaintiff’s request and the notice of demand procedure attached thereto were served on the Defendant himself/herself on March 29, 2017.
3) On April 11, 2017, the Defendant filed an application for the payment order by submitting a written objection and a written answer with respect to the instant payment order on April 11, 2017, with Busan District Court Branch Decision 2017Da31321 (the first instance judgment of this case).
4) The first instance court served the Defendant with the notice on the date of pleading, a duplicate of the briefs, and a documentary evidence, but it was impossible to serve due to the absence of a paper, etc., sent by registered mail.
5) On September 20, 2017, the first instance court, while the Defendant was absent on September 11:30, 2017, concluded the pleadings, and designated the date of sentencing as 13:50 on October 11, 2017, the first instance court sentenced the Defendant to the first instance judgment while the Defendant was absent on October 13:50, 2017. On November 2, 201, the service of the original judgment was impossible due to the addressee’s unknown whereabouts, and the service of the original judgment became effective on November 17, 2017.
7) On January 29, 2018, after the lapse of the second week appeal period from the date when the original copy of the judgment of the first instance became effective by public notice, the Defendant submitted a written appeal for subsequent completion to this court on January 29, 2018. (8) On the other hand, the court's notice for demand procedure guidance to be served on the debtor along with the original copy of the