2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason why the party could not observe the relevant period even though the party had exercised a general duty to act in the course of litigation. In a case where the document of lawsuit cannot be served in a usual way while the lawsuit was in the course of litigation and served by public notice, the document of lawsuit cannot be served in a way of service by public notice. As such, the party is obligated to investigate the progress of the lawsuit even if the party fails to investigate the progress of the lawsuit and fails to abide by the peremptory period, it cannot be said that the party is attributable to a reason for which the party cannot

(1) According to the records, the Plaintiff filed an application for the instant payment order with the Defendant on October 11, 2012 (see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). The record reveals that: (a) the Plaintiff directly served the Defendant with the payment order “Seoul Dongdaemun-gu, 105 Dong 2201 (hereinafter “instant address”); (b) the Defendant directly served with the original copy of the payment order at the address of the instant case on March 25, 2015; and (c) the filing of the written objection on April 6, 2015 while the first instance court was proceeding, on May 14, 2015; and (d) the Defendant: (a) the instant notice of the date of conciliation, compulsory adjustment, and the Plaintiff’s written objection on the compulsory adjustment order directly from the address of this case; and (e) the court of first instance designated the Defendant’s notification on the date of pleading to the Defendant on November 16, 20, and not served.