Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Whether an appeal is lawful due to the subsequent completion of the instant case
A. The Defendant’s assertion that the Defendant raised an objection against the instant payment order on March 25, 201, but thereafter, the Defendant could not observe the period of appeal due to reasons not attributable to the Defendant’s failure to receive the notice of the date of pleading and the first instance judgment. Therefore, the Defendant asserts to the effect that the appeal following the subsequent completion of the instant case is lawful.
B. (1) The facts of recognition are as follows: ① on February 14, 201, the Plaintiff filed an application with the Defendant for the instant payment order against the Defendant by means of Goyang District Court 201, Goyang Branch 923, and the said court served the Defendant on February 18, 201, an original copy of the payment order on March 24, 201 (the Defendant and his address were served with well-known B, Seoul apartment Co., Ltd., 104, 1601, 201). ② The Defendant submitted a written objection against the said payment order to the above court on March 25, 201; ③ the above court delivered the Defendant the said notice to the Defendant on March 28, 201, which was sent to the Defendant on March 20, 201, by means of the ordinary litigation procedure, which was later delivered to the Seoul High Court 201Da29793, respectively, on March 28, 2011.