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. Basic facts

A. On February 9, 2007, the Plaintiff filed the instant lawsuit against the Defendant, A, B, and D, and the first instance court rendered a favorable judgment against the Plaintiff on April 12, 2007, when the duplicate of the complaint against the Defendant was not served due to the absence of the text of the complaint and the addressee’s unknown information, and served the Defendant with documents of the lawsuit, such as the notice on the date of pleading, by public notice. On April 25, 2007, the first instance court rendered a favorable judgment on the loan claim equivalent to the amount stated in the purport of the claim (hereinafter “the instant claim”).

B. On May 22, 2007, the first instance court served the Defendant with an authentic copy of the judgment of the first instance by public notice. Accordingly, the judgment of the first instance was finalized on June 5, 2007.

C. On May 1, 2017, the Plaintiff filed an application for a payment order with the Defendant, A, and D seeking payment of the instant claim for the extension of the prescription period (Seoul Central District Court 2017 tea 25130), and issued a payment order from the said court on June 14, 2017.

(hereinafter “instant payment order”) D.

Meanwhile, the reason for the claim for the instant payment order stated that “the Plaintiff acquired the claim from the bankruptcy trustee of the Ulsan Credit Cooperative Federation and became final and conclusive at that time by being sentenced to the same judgment as the claim stated in the instant claim against the Defendant, etc. on May 9, 2007.” The Plaintiff submitted a copy of the first instance judgment accompanied by the copy of the instant judgment.

E. The Defendant served the original copy of the payment order on August 7, 2017 and filed an objection on August 16, 2017, the payment order procedure was implemented on September 6, 2017 (Seoul Central District Court Decision 2017Da386530).

F. On November 20, 2017, the Defendant filed a subsequent appeal against the judgment of the first instance court of this case.

[Ground of recognition] A without any dispute, Gap's 1 through 5 (including those with virtual numbers; hereinafter the same shall apply), Eul's 1, 2, and 1.