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. The following facts are apparent in the records:

On April 7, 2014, the Plaintiff applied for the payment order against the Defendant as Seoul Southern District Court 2014Guj7510, and the said court served the original copy of the payment order as “Seoul Geumcheon-gu Additional Digital 1, 233, 804 (Gasan, Gaison 9j) (Gasan, Gaison Doz.), the Defendant’s office staff received it on April 15, 2014.

B. On April 21, 2014, the Defendant submitted a written objection stating that “The original copy of the payment order was served on April 15, 2014, but is dissatisfied therewith,” and accordingly, the Seoul Southern Southern District Court (Seoul Southern District Court 2014Da26624) was implemented as the instant lawsuit.

C. The court of first instance served a notice of the first date for pleading on the Defendant’s domicile but did not serve on the Defendant’s address due to the absence of a closed door, and again served a notice of the date for pleading 2, 3, and 4th date for pleading, the notice of sentencing date, and the Plaintiff’s preparatory documents as of July 14, 2014 on the Defendant’s domicile at the above address once, but served both the notice of the date for pleading 2, 3, and 4, and the Plaintiff’s preparatory documents as of July 14,

On September 17, 2014, the court of first instance rendered a judgment accepting the Plaintiff’s claim. On September 17, 2014, the court served the original copy of the judgment on the Defendant’s domicile, but also served on the Defendant’s domicile by public notice on September 29, 2014.

E. The original judgment became effective on October 14, 2014, and the Defendant submitted to the court of first instance a written appeal for subsequent completion on November 17, 2014 where the period of appeal expires.

2. Article 173(1) of the Civil Procedure Act of the judgment on the legitimacy of the appeal of the instant case refers to the grounds for which the parties could not comply with the time limit despite the parties' due diligence to conduct the said procedural acts.