대여금
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 the subsequent appeal
(a)The following facts of recognition are apparent or obvious to this Court in the records:
1) On August 11, 2017, the Plaintiff filed an application with the Defendant for a payment order as Seoul Southern District Court 2017 tea153874, and the Defendant on September 1, 2016, Gangseo-gu Seoul Metropolitan Government C (hereinafter “Defendant’s place of service”).
() On September 5, 2017, upon receipt of the original copy of the above payment order, the Plaintiff filed an objection on September 20, 2017. On September 20, 2017, the Plaintiff implemented the conciliation procedure by filing an application for conciliation (Seoul Southern District Court 2017du35931, Oct. 30, 2017). The Defendant served a notice of the date of conciliation on October 30, 2017, the Defendant was present on the date of the first conciliation, on November 20, 2017, and was present on the date of the second conciliation, but the Plaintiff did not appear on the date of the second conciliation, and was implemented as a litigation procedure due to the failure
(Seoul Southern District Court 2017Garo837829) The first instance court served a notice of the date for pleading on April 12, 2018 on the Defendant’s place for delivery. However, on April 18, 2018, the above notice was served by means of delivery on April 23, 2018, and the pleading was concluded after opening the date for pleading on June 1, 2018. After the first instance court served the Defendant’s place for delivery on June 1, 2018, but it was impossible to serve the said notice by means of delivery on June 18, 2018, and on June 29, 2018, the first instance court served the Defendant’s place for delivery on the date for delivery. The first instance court rendered a judgment on June 29, 2018, which was not served on the Defendant’s place for delivery but on the Defendant’s failure to serve on the original on July 28, 2018.
5 The Defendant filed an appeal for subsequent completion on December 28, 2018.
B. The “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the principle that a party is generally required to conduct litigation.