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. Facts of recognition;

A. On March 6, 2013, the Plaintiff applied for the instant payment order (Seoul District Court 2013 tea 9544), and stated the Defendant’s address as Seoul Gangnam-gu B, 1004 Dong 1501.

After receiving the original copy of the payment order of this case to the above address, the defendant raised an objection against it, and accordingly, the case of the application for the payment order of this case was submitted to the court of first instance.

B. After receiving a notice of the first date for pleading from the court of first instance, the Defendant appeared at all on the first and second date for pleading at the court of first instance.

On August 30, 2013, the court of first instance (the second date for pleading), which was the date for pleading, set the date of sentencing to the defendant on October 11, 2013, and notified the defendant of the date for sentencing.

C. On October 11, 2013, the court of first instance rendered a judgment in favor of the Plaintiff in full while the Defendant was absent, and subsequently sent the original copy of the judgment to the Defendant twice, but is not served on each addressee’s identity, and served the original copy of the judgment by public notice on November 18, 2013, and on December 3, 2013, the service of the original copy of the judgment became effective.

The Defendant submitted a petition of appeal to the court of first instance only on January 7, 2014, which was after the lapse of two weeks, the period of appeal, from December 3, 2013, when the service became effective as above. The Defendant stated the Defendant’s address in the petition of appeal as Seoul Gangnam-gu C Apartment 1 Complex 93 Dong 509.

Therefore, the presiding judge of the first instance court rejected the defendant's petition of appeal on the ground that the period of appeal has lapsed, and sent the order to dismiss the petition of appeal to the defendant to the address of the defendant stated in the above petition of appeal but the order to dismiss the petition of appeal was not served by the addressee's unknown address, and served the above order to dismiss the petition of appeal by service by public notice on February 3, 2014, and on February 18,

E. On December 15, 2014, the Defendant filed an appeal for subsequent completion.

[Ground of recognition] The fact that it is obvious to the court of trial or records, and the purport of the whole pleadings

2. This.