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. Determination as to the legitimacy of the subsequent appeal of this case

A. Article 173(1) of the Civil Procedure Act provides that "if the parties concerned were unable to comply with the peremptory period due to any cause not attributable to them, the procedural acts may be supplemented within two weeks from the date on which such cause ceases to exist," and "where the first instance judgment was served by public notice, the time when the cause ceases to exist" under Article 173(1) of the Civil Procedure Act refers to the time when the defendant was not simply aware of the fact that the judgment was served by public notice, but the fact that the judgment was served by public notice. In ordinary cases, the fact that the judgment was served by public notice only when the defendant perused the records of the case or received the original copy of the judgment, shall be deemed to have become known.

(See Supreme Court Decision 98Da43533 delivered on February 9, 1999, etc.). B.

Judgment

1) ① On March 29, 2016, the Plaintiff filed an application for a payment order demanding payment of KRW 14.4 million against the Defendant on April 15, 2016, and issued a payment order (this court 2016 tea149) pursuant to the above application on April 15, 2016. ② The Plaintiff filed an application for lawsuit pursuant to Article 466(1) of the Civil Procedure Act on the ground that the Defendant’s address cannot be known despite the above court’s order to supplement the address; ③ in the proceeding, the first instance court served the Defendant by serving a duplicate of the written complaint and a notice of date for pleading by public notice; ④ The first instance court partially accepted the Plaintiff’s request on October 7, 2016 (hereinafter “instant first instance court judgment”).

(1) On October 11, 2016, the Defendant served the original copy of the above judgment to the Defendant by means of service by public notice. ⑤ On January 5, 2017, the Defendant was issued the original copy of the above judgment, and on February 9, 2017, submitted the instant written appeal to the first instance court on the record clearly shows the fact that the Defendant submitted the written appeal to the first instance court on February 9, 2017.