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 9, 2014, the Plaintiff filed an application for the instant payment order with Seoul Western District Court No. 2014 tea1789, and indicated the Defendant’s address in the application for the payment order as C and D (hereinafter “instant address”).

B. On January 15, 2014, the above court issued a payment order (hereinafter “instant payment order”), and the instant payment order was served to E, the Defendant’s spouse, at the domicile of the instant case on January 22, 2014.

C. On January 29, 2014, the Defendant filed a written objection against the instant payment order, and the instant lawsuit continued to have been filed by Seoul Western District Court 2014Da364305, and the said court transferred the instant case to Suwon District Court as Suwon District Court on September 26, 2014.

On the other hand, on August 12, 2014, the Defendant received the notice of the date of pleading of the instant case directly at the domicile of the instant case.

After that, in the case of Suwon District Court 2014Gau148197, which was pending in accordance with the above transfer decision, the said court sent the notice of the date for pleading to the Defendant on April 1, 2015, but was not served with the director known, on April 10, 2015, the said notice was sent to the Defendant on April 10, 2015, and on April 10, 2015, the said notice was sent by delivery.

E. On April 14, 2015, the first instance court rendered a judgment in favor of the Plaintiff, and the original copy of the judgment was sent to the Defendant as the domicile of this case, but did not serve the original copy of the judgment on May 7, 2015, and served by public notice on May 22, 2015.

F. The Defendant submitted a petition of appeal subsequent to the first instance court on September 3, 2019.

[Reasons for Recognition] Unsatisfy, Facts significantly in this court and the purport of the whole pleadings

2. Whether the appeal is lawful after the subsequent completion of this case

A. The phrase “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act is generally used by a party to conduct procedural acts.