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 January 20, 201, the Plaintiff applied for a payment order against the Defendant to this court on January 21, 201, and received a payment order on January 21, 2011, but was submitted to the instant court proceeding on the ground that the original copy of the payment order was not served on the Defendant.

B. The court of first instance rendered a judgment in favor of the Plaintiff on September 22, 201, which rendered a favorable judgment on September 22, 201, as a result of the Defendant’s failure to serve a duplicate of the complaint sent to his/her domicile on the Defendant’s resident registration, and served the original copy by public notice on September 27, 201.

C. On March 11, 2014, the Defendant received the original copy of the judgment of the first instance court, and submitted a written appeal for subsequent completion to the court of first instance on May 27, 2014.

[Ground of recognition] Facts without dispute, significant facts in this court, purport of the whole pleadings

2. In order for a subsequent appeal to be deemed lawful pursuant to Article 173 of the Civil Procedure Act as to the legitimacy of the appeal of this case, the parties could not have complied with the peremptory period of appeal due to a cause not attributable to them, and the court of first instance required to file an appeal which was negligent within two weeks from the date on which the cause ceases to exist. "the date on which the cause ceases to exist" in the above provision means the time when the judgment was served by service by public notice, rather than the time when the defendant was not simply aware of the fact that the judgment was rendered, but the fact that the judgment was served by public notice was served by public notice. It shall be deemed that the defendant became aware of the fact that the judgment was served by public notice only when the defendant

The defendant himself/herself was issued an original copy of the judgment of the first instance on March 11, 2014, as seen earlier. The defendant should be deemed to have known that the judgment of this case was served by public notice on March 11, 2014, and the defendant was served on May 27, 2014 after the expiration of 14 days thereafter.