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. Judgment on the plaintiff's main defense

A. The plaintiff's assertion asserts that the defendant's appeal of the subsequent completion of the lawsuit in this case is unlawful because it did not meet the requirements for subsequent completion of the lawsuit.

B. On October 4, 2007, the Plaintiff filed a lawsuit against the Defendant for the payment of the acquisition amount at the court of first instance (this Court Decision 2007Da146737). The court of first instance served on November 7, 2007 the Defendant with litigation documents, such as a duplicate of the complaint of this case and a notice of the date for pleading, by public notice, after serving the Defendant on December 6, 2007. On December 20, 2007, the court of first instance rendered a judgment in favor of the Plaintiff on December 21, 2007, after the Defendant was absent, on the first day for pleading and the pleading was closed, and served the original copy of the judgment of first instance by public notice to the Defendant on December 21, 2007. Accordingly, the judgment of first instance became final and conclusive on January 5, 2008.

3) On November 29, 2017, the Plaintiff filed an application for the payment order against the Defendant for the payment order claiming the payment of the instant claim (Dasan District Court 2017Hu30611), and on the written application for the said payment order, the Plaintiff stated that “creditor filed a lawsuit against the debtor for the payment order (Dasan District Court 2007DaDa146737) and received the judgment in favor of the Plaintiff on December 20, 207, and this judgment became final and conclusive at that time. 4) the above court issued the payment order ordering the Defendant to pay the acquisition amount amount of KRW 98,313,573 and delay damages. The original of the above payment order was served on the Defendant on December 8, 2017.

After that, as the defendant submitted a written objection against the above payment order on December 22, 2017, the above payment order procedure was implemented as a litigation procedure (the same court 2018da302373).

5) On January 12, 2018, the Defendant filed an appeal for the instant subsequent completion on January 12, 2018.