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 following facts are apparent in the records of recognition:

On October 30, 2015, the Plaintiff filed an application for the instant payment order with the Defendant’s address, “Seoul-nam-gun C, 601, the Defendant’s working place,” and filed an application for the instant payment order (Seoul-gun District Court Branch 2015 tea1769). The original copy of the instant payment order was served with D on November 4, 2015 at the Defendant’s working place at the same address.

B. On November 8, 2015, the Defendant filed a written objection against the above payment order with the Gwangju District Court Branch, and upon the Defendant’s objection, the above payment order application case was implemented as the instant lawsuit.

C. On January 6, 2016 and January 18, 2016, the first instance court sent a notice of the date for pleading to the Defendant’s domicile respectively, but did not serve as a closed door, and sent the notice of the date for pleading on January 27, 2016.

After that, on February 2, 2016, the defendant was not present on the first day for pleading of the first instance court, which was open on February 2, 2016, and was not present on the date for pleading of the plaintiff except for the above written objection, and the pleading was concluded on the date for pleading.

On February 3, 2016, the first instance court served a notice of the sentencing date on the defendant's domicile as the defendant's address, but also served the notice due to the absence of closure, and sent the notice of the sentencing date on March 3, 2016, and rendered a judgment in favor of the plaintiff on March 8, 2016.

E. On March 9, 2016, the first instance court served a certified copy of the judgment of the first instance on March 9, 2016 on the Defendant’s domicile, but did not serve as a closed door, and ordered the service of the certified copy of the judgment of the first instance on March 18, 2016 by means of service by public notice. Accordingly, the service of the certified copy of the judgment of the first instance against the Defendant became effective on April 2, 2016.

F. On September 12, 2016, the Defendant submitted the instant written appeal for subsequent completion on September 12, 2016, which was subsequent to the lapse of the appeal period of two weeks from the effective date of service of the original copy of the said judgment.

2. On the legitimacy of a subsequent appeal