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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 following facts of recognition are apparent or obvious to this Court in the records:
1) On May 12, 2015, the Plaintiff filed an application with the Defendant for a payment order with the Seoul Central District Court 2015 tea24438, and on June 5, 2015, the original copy of the payment order was served on B who is the Defendant’s spouse. On June 17, 2015, the Defendant filed a written application for the payment order and submitted it to the Defendant for litigation proceedings (Seoul Central District Court 2015Kadan127153, the first instance court (hereinafter “2”) on October 15, 2015, the court of first instance designated the Defendant as the first date for pleading and issued the notice of the date for pleading to the Defendant on September 14, 2015, and sent it on September 14, 2015, and thereafter sent it to the Defendant on October 29, 2015, but did not transmit it to the Defendant on October 16, 2015.
3) On October 29, 2015, the court of first instance closed the pleadings and designated December 10, 2015 as the sentencing date, and served a notice of sentencing on November 10, 2015, and served the notice of sentencing on November 15, 2015, and served the notice of sentencing on November 10, 2015. (4) The court of first instance sentenced the Plaintiff to the winning judgment on December 10, 2015, and served the original copy of the judgment of the first instance on the Defendant’s domicile, but did not serve the original copy of the judgment of the first instance on the Defendant’s domicile as the director’s unknown, and served the original copy of the judgment of the first instance on March 20, 2016 on April 5, 2016.
5) On September 10, 2018, the Defendant submitted the instant written appeal for the subsequent completion on September 10, 2018. (B) The “reasons for which the parties cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the reasons why the parties could not comply with the time limit despite the parties’ due diligence to do the procedural acts, and the documents of the lawsuit cannot be served by ordinary means during the process of the lawsuit.