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. The Plaintiff asserts that, as a co-debtor with the Defendant, the instant appeal filed on November 21, 2014 after the lapse of two weeks from November 21, 2014, the first instance court’s decision was unlawful, on the following grounds: (a) as a co-debtor, the inside director D, the representative of the stock company B (hereinafter “B”) indicated in the written application for the payment order; and (b) the Defendant holding 49% of the shares B, was aware of the fact that the lawsuit between the Plaintiff and himself was pending due to lawful delivery of the written decision for the payment order against B; and (c) the instant appeal filed on January 6, 2015, which was unlawful.

In light of the records, the court of first instance: (a) served the original copy of the instant payment order on the Defendant’s address stated in the application for the payment order; (b) it became impossible to serve the original copy of the instant payment order on the Defendant’s address due to absence of closure; and (c) even if the Plaintiff’s address was served at night on three occasions due to the Plaintiff’s failure to serve the Defendant’s previous address due to the Plaintiff’s absence of closure; (d) the court ordered the Defendant to serve the document by public notice; and (e) accordingly, the court rendered a judgment on November 14, 2014, after serving the Defendant with a copy of the complaint and the notice on the date of pleading by public notice; and (e) the original copy of the judgment was served on the Defendant by public notice on December 10, 2014; and (e) the Plaintiff received a collection order on the Defendant’s deposit claim and collection order from the Incheon District Court on December 24, 2014 with its title of execution; and (e) the Defendant was notified on December 14, 15.

A copy, original copy, etc. of the complaint.