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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
purport.
Reasons
1. The following facts of recognition are found to be obvious or obvious to the record in Gap evidence 6 (including paper numbers; hereinafter the same shall apply) and this Court:
① In the first instance court against the Defendant and C, the Plaintiff filed an application for payment order with the Defendant and C seeking payment of KRW 100,000,000,000 (Seoul District Court 2017,322).
However, as to Yeongdeungpo-gu Seoul, Seoul, which is the defendant's address, the original of the payment order and the statement of demand procedure guidance, are not served over the grounds of the addressee's unknown, closed (three times), and other impossibility of service, the plaintiff filed an application for filing a lawsuit.
② The first instance court, which started pursuant to the foregoing, issued an order to serve by public notice on September 26, 2017, to the Defendant on September 26, 2017, to serve the Defendant with a copy of the complaint, a written guide of litigation, and a written notice of date for pleading, etc., and continued to serve the date for pleading on October 19, 2017, by serving the Defendant a written notice of date for pleading and a written brief on November 2, 2017, and then served the written notice of date for pleading by public notice on November 23, 2017, and served the written notice of date for pleading by public notice on November 23, 2017, and served the written notice of date for pleading by public notice on November 23, 2017.
③ On March 5, 2018, the Defendant filed an application for perusal and duplication of the case at the first instance court, and the same month.
7. The instant supplementary appeal was filed.
④ However, on December 12, 2017, after November 25, 2017, the effect of service of the original copy of the judgment of the court of first instance, the Plaintiff confirmed that the original copy of the judgment of the court of first instance is attached to the Defendant’s address by content-certified mail, and that the judgment is the original copy.
The seal of the senior clerk was affixed to the seal, and the confirmation letter of the chief of the post office, E, the letter of notification and the copy of the judgment are affixed to E.
(see Evidence A. 6).