1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Whether a subsequent appeal is lawful;

A. Unless there are special circumstances, if a copy of the complaint of related legal principles and the original copy of the judgment were served by service by public notice, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to the defendant, and thus, the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. Here, "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than the time when the party or legal representative became aware of the fact that the judgment was served by public notice. In ordinary cases, unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only

(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). (B)

Judgment

On April 19, 2016, the Plaintiff filed an application for a payment order against the Defendant with the Incheon District Court 2016Hu10217, the said court rendered a decision to refer the payment order to the Defendant as the original copy of the payment order sent to his/her domicile on his/her resident registration was impossible to serve the original copy of the payment order, and accordingly, rendered a decision to refer the order to the lawsuit. In the lawsuit (Seoul District Court 2016DaDa2228542), the said court served the Defendant with the notice of the date of pleading, etc. through service by public notice and made a ruling accepting the Plaintiff’s claim on November 16, 2016. The original copy of the judgment of the first instance court also served on the Defendant on November 18, 2016 by means of service by public notice. Meanwhile, on December 20, 2016, the Plaintiff received the seizure and collection order (the Changwon District Court 2016Do321755, Dec. 26, 2016).