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. Determination on the legitimacy of the appeal of this case

(a)The following facts of recognition are apparent in, or obvious to, the record:

1) On May 29, 2015, the Plaintiff filed a payment order (2015 tea No. 11947, hereinafter “instant payment order”) against the Defendant with the Busan District Court (hereinafter “instant payment order”).

(2) On June 23, 2015, the Defendant served the original copy of the instant payment order at the above address, filed an objection against the instant payment order with the above court on July 7, 2015, and submitted a written answer on July 24, 2015.

3) The first instance court served a written notice of the date of pleading and the written notice of the change to the above address; however, the Defendant sent the written notice to each of the parties who did not serve the written notice of the date of pleading to the above address; thereafter, the Defendant submitted the written notice, etc., and received the Plaintiff’s duplicate and the written notice of the changed date, etc., which was served to the above address, and was present at the second date of pleading. 4) The first instance court served the Defendant with the notice of the sentencing date and the written notice of the changed date to the above address, but sent the said written notice to the above address, but did not serve as a closed address, and sentenced to

5) On August 8, 2016, the first instance court served the original copy of the judgment on the Defendant, but did not serve as a closed door, and on August 19, 2016, served the Defendant by means of service by public notice and became effective on September 3, 2016. (6) The instant petition of appeal was filed with the Busan District Court only on September 19, 2016, which was 14 days after the date the service by public notice became effective.

B. According to the above fact-finding, the defendant's appeal is unlawful as it was filed after the expiration of the appeal period.

Furthermore, the original judgment of the first instance was served on the Defendant by public notice.

Even if there is an original copy of the instant payment order and a duplicate of the answer that was conducted at the first instance trial stage.