The judgment of the first instance shall be revoked.

The defendant shall pay 2,622,295,000 won to the plaintiff and shall pay 2,62,295,000 won to the plaintiff from December 31, 2019.

1. The reasoning of this part of the judgment by the court is identical to that of the Plaintiff’s assertion under Article 420 of the Civil Procedure Act, and thus, the reasoning of this part of the judgment by the court of first instance is cited.

2. Determination

(a) The following facts are clear in records:

1) On December 18, 2019, the Plaintiff submitted the instant application for the instant payment order, and the original copy of the payment order was served on the Defendant on December 30, 2019. On January 9, 2020, the Defendant submitted a written objection against the said payment order. On January 9, 2020, the said written objection only contains the purport of objection against the payment order, and did not state the Plaintiff’s assertion. 2) After being performed as a lawsuit, the Plaintiff submitted the instant application for the alteration of the purport of the claim and the cause of the claim, which was arranged as alleged by the Plaintiff, and the said written application was served on the Defendant on March 10, 2020.

Even when the defendant was served a notice of the date for pleading, he did not appear on the date for pleading of the first instance court, and did not submit the written reply and the briefs.

After the closure of the first instance trial proceedings, the Defendant submitted an application for resumption of pleadings without any indication of the Plaintiff’s assertion.

3. The first instance court rendered a judgment dismissing the Plaintiff’s claim in its entirety, and the Plaintiff appealed.

The defendant was served with the plaintiff's petition of appeal and the statement of reasons for appeal, but the court did not submit the written answer and the legal brief at all, and did not appear on the date for pleading even after the notice of the date for pleading

B. According to the above facts of recognition, the Defendant did not submit a reply and a preparatory document to the purport that the Plaintiff’s assertion was contested the payment order, a written application for change of the cause of claim, a petition of appeal, and a written notice of date for pleading, by means of no service by public notice, and did not appear on each of the date for pleading in the first instance trial and the first instance trial. Therefore, the Defendant did not appear on each of the date for pleading in the first instance trial.