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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. Basic facts
A. On January 23, 2017, the Plaintiff entered into a LP Gas Supply Contract with the Defendant, and on January 4, 2018, the Defendant applied for a payment order (hereinafter “instant payment order”) against the Defendant on the ground that the Defendant discontinued transaction with the Plaintiff without performing the said contract, and on January 22, 2018, the original copy of the payment order was sent to the Defendant’s domicile (the same as the Defendant’s domicile as the Defendant’s business place indicated in the instant contract) and the Defendant’s work partner (D) was paid.
B. On February 1, 2018, the Defendant submitted a written objection to the payment order, and thereafter, the notice of the conciliation date was served on April 4, 2018, and the Defendant’s workplace rent (E) was received.
C. Upon the failure of mediation, the instant lawsuit was received in the first instance court on April 20, 2018, and on June 28, 2018, the notice of the date for pleading of the first instance court was served to the address above, and the Defendant’s workplace rent (F) was received.
On July 12, 2018, the first instance court rendered a judgment in favor of the plaintiff, and the original copy of the judgment was served on July 18, 2018, and the defendant's work bonus (F) was received.
On August 2, 2018, the defendant was issued an original copy of the judgment of the first instance on the same day, and submitted a petition of appeal against the judgment of the first instance on the same day.
[Ground of recognition] Facts without dispute, Gap evidence 1, significant facts in this court, the purport of the whole pleadings
2. (Supplementary Completion) Judgment on the legitimacy of appeal
A. Relevant regulations and legal principles are extended to the domicile, residence, business office or office of the recipient of the service;
(Article 183(1) of the Civil Procedure Act. The service of documents may, in principle, be made by delivery to the person to receive the service, or, if the service institution fails to retain the person to receive the service at the same place as above, by means of a supplementary service of documents to his/her clerk, employee, or cohabitant, who is man of sense, as his/her employee.
(Article 186(1) of the same Act. If a supplementary service is made, the office worker, employee, and worker.