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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the legitimacy of a subsequent appeal
(a)The following facts of recognition are recognized by the statements in Gap evidence 1 to 4 or are remarkable in this Court:
1) On November 23, 2007, the Plaintiff filed an application with the Daegu District Court for a payment order against the Defendant and the Defendant’s attached C, seeking the payment of the instant claim amount under the Daegu District Court 2007 tea1676. Although the original payment order was not served due to the absence of an addressee, C was submitted with the written objection dated December 21, 2007 and the reply dated January 7, 2008 under the name of the Defendant and C, and submitted the said case to the litigation proceedings. (2) The Plaintiff was brought to the litigation proceedings between C and C on April 28, 2008, where the first instance trial was pending, and between C, the conciliation was concluded that “C shall pay the Plaintiff the amount of KRW 8 million by October 28, 2008.”
3) Meanwhile, when the court of first instance delivered a notice of the date for pleading to the Defendant, but it was impossible to serve the notice of the date for pleading due to the addressee’s unknown whereabouts, etc., it shall serve a duplicate of the complaint and the notice of the date for pleading by public notice, and thereafter proceed with pleadings on September 1, 2008,
(4) The Defendant, on January 10, 2018, issued the original copy of the instant judgment on January 16, 2018 and filed an appeal to the court of first instance on January 16, 2018.
B. 1) The Plaintiff’s assertion 1) The Defendant submitted a written objection against the payment order and a written response jointly and severally with C, and did not receive the documents of lawsuit, etc. intentionally to avoid the proceeding and enforcement of the lawsuit. Therefore, the Defendant’s appeal for the subsequent completion of the lawsuit is unlawful. 2) The Defendant’s assertion that the instant appeal for the subsequent completion of the lawsuit was unlawful.