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 on the legitimacy of a subsequent appeal

A. The following facts are apparent in the record or significant in this court:

1) On August 11, 2016, the Plaintiff filed an application against the Defendant for a payment order for the payment of the construction cost with the Daejeon District Court Branch of the Daejeon District Court (No. 2016 tea 1462). Although the said court served the original copy of the payment order to the Defendant, it did not serve the original copy of the payment order due to the addressee’s unknown whereabouts, etc. The Plaintiff filed an application for filing a lawsuit on November 1, 2016, when the Defendant’s address was not served even if the correction was made. On January 2, 2017, the first instance court was the address of the Defendant’s representative director C (hereinafter “the Defendant’s representative address”).

) On January 4, 2017, a copy of the complaint and the litigation guide were served, and F (workplace) received the above document at the above address. Even thereafter, the Defendant did not submit all written answers or briefs. 2) The first instance court served the Defendant’s representative address with the notice of the date of pleading, the Plaintiff’s legal brief, etc., but served the above documents by means of delivery, when each of the above documents was not served because the recipient was unknown.

3) On April 18, 2017, the first instance court sentenced the judgment of the first instance court that accepted the Plaintiff’s claim on April 18, 2017 after the Defendant was absent. The first instance court served the original of the judgment to the representative address of the Defendant, but did not serve the original of the judgment due to the addressee’s unknown address, and on April 25, 2017, served the original of the judgment by means of service by public notice, and served the original of the judgment on May 11, 2017. (4) The Defendant submitted the instant appeal for subsequent completion on September 4, 2018, after the period for appeal expires.

B. The summary of the Defendant’s assertion was conducted by public notice by the first instance court, and the Defendant was unaware of the fact that the instant lawsuit was filed, the process of the lawsuit, and the pronouncement of judgment, etc., and became aware of the first instance judgment only before August 27, 2018.