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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination ex officio as to the legitimacy of the judgment of the first instance
A. 1) The Plaintiff filed an application against the Defendant for the instant payment order with this Court No. 2013 tea16443, the Plaintiff stated the Defendant’s address as “Songnam-si B B02, Sungnam-gu, Seoul, and the place of delivery “Seoul, Seocho-gu DD Co., Ltd. E branch of the third floor D Co., Ltd.” (2) on September 2, 2013, the said court sent the original copy of the payment order and the letter of demand procedure guidance to the place of delivery as indicated in the above application, and did not serve the Defendant on September 6, 2013.
3) On September 9, 2013, the above court again sent the original copy of the payment order and the statement of demand procedure guidance to the place of service indicated in the above application. The service status stated that the Defendant was served on September 6, 2013. (4) The Defendant submitted an objection and a written answer against the payment order to this court on September 13, 2013, and the above court referred the instant payment order to the litigation procedure.
5) On June 19, 2014, the court of first instance rendered a favorable judgment against Plaintiff on June 19, 2014, the court served the original copy of the judgment by means of service on July 10, 2014 and served the original copy of the judgment on July 25, 2014, to the place of service indicated in the above application, and served the said document on July 25, 2014, if the said document was not served by the addressee due to the addressee’s uncertainty.
7) On June 19, 2015, the Defendant filed an appeal for subsequent completion with the court of first instance at the court of first instance. [The substantial facts before the court of first instance on the ground of recognition, the purport of the entire pleadings.]
B. Article 185(1) of the Civil Procedure Act provides that “When a party, legal representative, or attorney has altered the place of service, the purport thereof shall be immediately reported to the court,” and Article 185(2) of the same Act provides that “the report under paragraph (1) shall not be made.”