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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
1..
Reasons
1. Determination on the legality of the subsequent appeal
(a)The following facts of recognition are apparent or obvious to this Court in the records:
1) On September 9, 2015, the Plaintiff filed an application against the Defendant for a payment order with the Changwon District Court, Kimhae-si Court, 2015 tea 2007. C, a working partner of the Defendant, was served with the original of the payment order and the statement of demand procedure guidance (for a debtor) on October 6, 2015, and the Defendant filed an objection against the payment order on October 16, 2015, and the said demand procedure was performed as a litigation procedure (Seoul District Court Decision 2015DaDa20750), and the court of first instance issued the notice on the date for pleading to the Defendant on February 16, 2016, and sent the notice on the date for pleading to the Defendant on February 25, 2016 and sent it on the same day.
3) On March 17, 2016, the Defendant was not present at the first date for pleading, and the court of first instance designated the sentencing date on the said date for pleading as of April 7, 2016, the court served the Defendant a notice of sentencing on the same day and served the notice of sentencing on March 23, 2016, which was sent to the Defendant on the same day but was not served as a director known. (iv) The court of first instance rendered a judgment on April 7, 2016 that “the Defendant would pay to the Plaintiff an amount equal to 11,763,050 won and the amount equivalent to 15% per annum from October 7, 2015 to the day of full payment,” and that on April 8, 2016, the original judgment was served to the Defendant on the first instance court, but was not served as a director known, but became effective as a service by public notice on April 16, 2016.
5) On June 7, 2017, the Defendant submitted the instant written appeal for the subsequent completion. (B) The Plaintiff asserted that the instant subsequent completion appeal did not meet the requirements for the subsequent completion of the litigation, on the grounds that it was unlawful.
2. The term "reasons for which a party is not liable" under Article 173 (1) of the Civil Procedure Act means that a party conducts litigation.