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. Facts of recognition;

A. On November 30, 2004, the Plaintiff filed the instant lawsuit against the Defendant with Busan District Court Decision 2004Gada657957, which sought the payment of the acquisition amount. The court of first instance affirmed the pleadings by serving a copy of the complaint and the notice of the date for pleading by public notice. On January 19, 2005, the judgment in favor of the Plaintiff was rendered, and the original copy of the judgment was served to the Defendant by public notice. The judgment became final and conclusive around that time.

B. On January 21, 2015, the Plaintiff’s succeeding intervenor filed an application for a payment order against the Defendant with the Changwon District Court under the jurisdiction of the court of first instance to suspend the extinctive prescription of claims based on the instant judgment. However, when the original copy of the payment order sent to the Defendant’s domicile on the Defendant’s resident registration was impossible to be served, the said court rendered a decision to refer the case to the lawsuit. Accordingly, the said court delivered the Defendant the notice of the date of pleading to the Defendant by public notice of the complaint and the date of pleading by public notice, and the said judgment was delivered to the Defendant by public notice, and the said judgment became final and conclusive at that time.

C. On July 15, 2015, the Defendant submitted to the Changwon District Court a written complaint for the subsequent suit of this case (hereinafter referred to as the “written complaint for the subsequent suit of this case”). The written complaint for the subsequent suit of this case states as follows: “The Defendant is a written complaint with the Busan District Court 2004da657957 and all the judgment by public notice (Evidence No. 3, the Supreme Court, and the search of the case).”

[Ground of recognition] 1, 5, 6 evidence, and 1, each entry of evidence Nos. 1, 5, 6, and 1, and the purport of the whole pleadings

2. Determination as to the legitimacy of the instant subsequent appeal.