대여금 등
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. The following facts are significant or obvious to be recorded in this court:
① The Plaintiff filed an application for payment order (Cheongju District Court 2007 tea 4555) with the Defendant seeking payment of KRW 1,000,000 as a loan to the first instance court.
On January 31, 2007, the defendant served the original copy of the payment order and the guidance of demanding procedure. On February 14, 2007, the defendant submitted a written objection.
② In the litigation proceedings (Cheongju District Court 2007Gaso23306), which began by the Defendant’s filing of an objection, the first instance court was unable to serve the service on the Defendant due to the addressee’s unknownness, the court served the Defendant with a copy of the complaint, a written guide of litigation, and a written notice of date for pleading
On October 5, 2007, the first instance court sentenced the plaintiff's winning judgment, and the original of the judgment was served as a service by public notice.
③ On August 16, 2017, the Defendant filed an appeal to complete the instant case.
2. Determination on the legality of a subsequent appeal
A. “A cause for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act means a cause for which a party could not observe the period even though the party had exercised generally due diligence to conduct a procedural act.
In a case where a document of lawsuit is served by public notice because it is ordinarily impossible to serve the document of lawsuit in the course of the lawsuit, such document shall be served by public notice from the first delivery of a copy of complaint to the case where the lawsuit was served by public notice, and thus, the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails to investigate the progress of such lawsuit and fails to abide by the peremptory period, it shall not
In addition, such obligations are regardless of whether the parties have attended and present at the date of pleading, whether they have been notified of the date of pleading following the date of pleading present at the meeting, or whether they have appointed an attorney.