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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Determination on the legitimacy of a subsequent appeal
A. The facts of recognition reveal that the Plaintiff filed an application against the Defendant for a payment order on January 14, 2015, and that the original copy of the payment order was not served on the Defendant on April 1, 2015, and that the instant lawsuit was filed on the grounds that the original copy of the payment order was not served on the Defendant, and that the first instance court served the Defendant with both a copy of the complaint of this case and a written notice of the date of pleading by public notice, and subsequently, rendered a judgment of the first instance court that accepted the Plaintiff’s claim on June 5, 2015, and served the Defendant with the original copy of the first instance judgment by public notice, and the fact that the Defendant submitted the written appeal for the subsequent completion to the first instance court on November 25, 201
B. The defendant's argument 1) The summary of the defendant's argument was served by public notice, including the copy of the complaint of this case and the original copy of the judgment of the judgment of the court of first instance, and the defendant was aware of the fact that the defendant had been sentenced to the judgment by public notice on November 23, 2015, by inspecting and copying the records of this case on or around November 23, 2015. Since the defendant submitted a written appeal of subsequent completion on November 25, 2015, the appeal of this case was lawful as it constitutes a case where it was impossible to keep the peremptory term due to a cause not attributable to the party. 2) Where the judgment of the court of first instance was served by public notice by public notice, the "when a cause not attributable to the party" under Article 173 of the Civil Procedure Act is not simply known that the defendant was not aware of the fact that the judgment was served by public notice, and in ordinary cases, the fact that the defendant had received the original copy of the judgment by public notice, or that the judgment was received by public notice.