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. On June 14, 2016, the Defendant’s first instance court’s assertion as to the subsequent appeal, served the Defendant by public notice on the certified copy of the judgment, and served the Defendant with the effect of serving the notice by public notice. The Defendant’s allegation as to the subsequent appeal was made on July 22, 2016 on the ground that he/she became aware of the service by public notice only when he/she was around July 8, 2016 and became aware of it.

2. Whether a subsequent appeal is lawful;

A. According to the records of this case, the following facts are recognized.

1) On January 25, 2016, the Plaintiff filed an application with the Defendant for a payment order seeking reimbursement under this court’s 2016 tea27955, and entered the Defendant’s address as “Yong-gu E”, the Defendant’s domicile, which is the Defendant’s domicile. 2) On February 19, 2016, the original copy of the payment order against the Defendant was delivered to each associate F, who is a cohabitant of the Defendant, at the Defendant’s domicile, and thereafter F served the original copy of the said payment order to the Defendant.

On the first day of pleading, the defendant recognized that the original of the payment order was delivered by F on the date of the first day of pleading.

3) On March 3, 2016, when the Defendant submitted a written objection against the above payment order to this court on March 3, 2016, the case for which the application for the above payment order was filed was implemented by the court of first instance (2016da505281). (4) The Defendant received the notice of the date of pleading sent to the above address by the court of first instance on March 23, 2016, but was not present at the above date of pleading. The court of first instance did not deliver the notice of the date of pronouncement to the Defendant who was absent on the above date of pleading, but was not sent by the addressee, and was not sent by the absence of the addressee.

5) After the court of first instance rendered the judgment on April 27, 2014, it served the original copy of the judgment on the Defendant’s domicile at the address above the Defendant, but was not served twice or in the absence of closed door, and served it on June 14, 2016 to the Defendant by means of public notice. 6) On July 22, 2016, the Defendant submitted the instant written appeal for the subsequent completion on July 22, 2016.

B. Article 173 of the Civil Procedure Act provides for the lawful requirements for an appeal for subsequent completion of judgment 1.