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1. The defendants' appeal shall be dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
1. Determination on the legitimacy of a subsequent appeal
A. According to the records of this case (including this court’s significant facts), the following facts are recognized:
1) On December 2, 2016, the Plaintiff filed an application against the Defendants for a payment order (Seoul District Court 2016Guj8335). On December 8, 2016, the Plaintiff received the original copy of the payment order from Defendant B’s mother E and Defendant C’s cohabitant, respectively. (2) The Defendants filed a written objection against the payment order on December 21, 2016. Accordingly, the instant case of applying for the payment order was submitted to the Gwangju District Court 2017Gudan327, the first instance judgment.
3) On January 9, 2017, the first instance court sent a correction recommendation to the Defendants on January 9, 2017. Although Defendant B’s mother received it on January 12, 2017, Defendant C sent it on January 20, 2017, the Defendant C was not served as a face-to-face absence. 4) On March 27, 2017, the first instance court sent the notice of the date for pleading to the Defendants on March 27, 2017, but was not served as a face-to-face absence.
4. 7. The notice of the date of pleading was sent again on April 14, 2017, and as to Defendant B, it was not served on the ground that the addressee was unknown, on the ground that the notice was not closed.
5) On May 16, 2017, the first instance court concluded pleadings by proceeding with the date of absence of the Defendants on the date of pleading, and concluded the pleading, and on the same day, sent the notice to the Defendants on May 24, 2017, and rendered a judgment in favor of the Defendants on May 30, 2017. (6) The first instance court sent the said certified copy to the Defendants on May 31, 2017, but was not served as a closed (Defendant B) or an addressee (Defendant C). Accordingly, on June 14, 2017, the said certified copy of the judgment was served to Defendant C by each service by public notice on the same month, and served to Defendant C on July 29, 2017, respectively.
7. The Defendants are the Defendants.