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. Determination on the legitimacy of a subsequent appeal

(a) The following facts of recognition are apparent in, or obvious to, the record:

1) On March 21, 2016, the Plaintiff filed an application with the Defendant for a payment order as Seoul Northern District Court 2016 tea1513. 2) On June 1, 2016, the Plaintiff revised the Defendant’s address as Seoul Special Metropolitan City D, 301 (hereinafter “Seoul Special Metropolitan City D,”) which is the Defendant’s address on the abstract of resident registration, according to the order to rectify the address issued by the judicial assistant officer affiliated with the above court.

3) On June 28, 2016, the above judicial assistant officer sent the original copy of the payment order to the domicile of this case, and on July 3, 2016, E received it as “a Dong-do resident”. 4) On July 14, 2016, the Defendant submitted a written objection stating that “the original copy of the payment order is served on July 3, 2016, but does not consent to the Plaintiff’s assertion,” and the above case was implemented as the lawsuit of this case.

5) On August 3, 2016, the court of first instance sent the notice of the date of pleading to the domicile of this case, and on August 8, 2016, the court of first instance rendered a judgment in favor of the Plaintiff by proceeding with the date of pleading on October 14, 2016, when sending a certified copy of the order to change the date, a notice of the date of pleading to the domicile of this case, but is not sent due to the absence of the closed text.

7) On October 21, 2016, the court of first instance sent the original copy of the judgment of the first instance to the Defendant at the domicile of the instant case, but did not serve the original copy of the judgment due to the absence of closure, and served the original copy of the judgment by public notice on November 3, 2016, and the service by public notice became effective on November 18, 2016. (8) The Defendant filed an appeal for subsequent completion on August 7, 2017, for which the period of appeal expires.

B. Determination 1) The relevant legal doctrine is, in principle, delivered to the recipient of the document at the place of service, while the document is not served at the place of service (Article 178(1) of the Civil Procedure Act, and if the recipient is not present at the place of service other than the place of service, the office worker.