Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

A. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason for the party’s failure to comply with the relevant period even though he/she fulfilled his/her duty of due care to conduct the said procedural acts. Therefore, where a document of lawsuit was served in the course of the lawsuit by public notice due to the impossibility of being served on the party by public notice, unlike the case where the lawsuit was served in the course of the lawsuit by public notice from the beginning, the party is obliged to investigate the progress of the lawsuit from the beginning. If the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory

(Supreme Court Decision 2012Da44730 Decided October 11, 2012). B.

In the facts and judgment of the court of first instance, the application for the instant payment order, the application for alteration of the purport of the claim, the written application for alteration of the purport of the claim, the notice of the first and second date for pleading, and the notice of the first and second date for pleading were served by ordinary mail on the Defendant at the Defendant’s residence. After that, when the original copy of the judgment of the first instance is impossible to serve on the Defendant due to the lack of closure, the court of first instance ordered the original copy of the judgment to be served by public notice, and served on the Defendant on November 9, 2019 by public notice. It is evident that the Defendant submitted the subsequent appeal on January 3, 2020, which was 14 days

According to the above, the defendant should be deemed not to have complied with the appeal period because he did not investigate the progress of the lawsuit even though he was aware of the fact that the written application for the payment order and the written application for the modification of the purport of the claim and the date of pleading by ordinary mail, etc., and the notice of the date of pleading was served by ordinary mail, and thus, it cannot be deemed to constitute “the case where the peremptory period cannot be complied with due to any cause