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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. On November 28, 2018, the Plaintiff applied for a payment order against the Defendant. 2) The first instance court sent the original copy of the payment order to the Defendant on December 7, 2018.
After receiving it on December 11, 2018, the defendant raised an objection against the above payment order on the 21st of the same month.
3) On February 15, 2019, the first instance court sent a notice of the date for pleading to the Defendant on February 15, 2019, but was not served on the Defendant due to the absence of a closed door. The first instance court sent a notice of the date for pleading to the Defendant on February 27, 2019, which was ordered to be served on the Defendant on February 28, 2019, and this was served on the date for pleading once on March 5, 2019. (4) The first instance court sent the notice of the date for pleading to the Defendant on March 6, 2019, but was not served as a closed door.
On March 18, 2019, the first instance court sent a notice of the date of pleading to the defendant on March 18, 2019, which was sent to the defendant on the same day.
On April 2, 2019, the first instance court rendered a judgment to accept the plaintiff's claim on the 30th of the same month, after proceeding two days as the defendant was absent.
5) On May 1, 2019, the first instance court sent the original of the judgment to the Defendant on May 1, 2019, but was not served as a closed door absence, and served the original of the judgment to the Defendant by means of service, and on July 25, 2019, the service of the original of the judgment became effective. 6) On July 9, 2019, the Defendant submitted the instant written appeal for the subsequent completion to the first instance court where the period for appeal was expired.
[Grounds for recognition] The substantial facts in this Court and the purport of the whole pleading
B. The Defendant asserted that: (a) the Defendant went to the C Bank Net Branch to find necessary money around July 3, 2019; and (b) he/she became aware of the fact that KRW 10 million of the Defendant’s deposit was seized through the bank staff; and (c) the seizure was conducted in accordance with the first instance judgment.
Ultimately, the defendant can be deemed to have received the original copy of the first instance judgment around July 3, 2019, and the appeal period in this case.