2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

A. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party is not liable” refers to the reason why the party could not observe the period even though he/she fulfilled the generally required obligation to conduct the procedural acts. If the service of documents related to a lawsuit during the process of the lawsuit was impossible, and the service of documents related to the lawsuit was made in a method of service by public notice as a result, the party is obligated to investigate the progress of the lawsuit by public notice from the beginning. Thus, if the party did not know the progress of the lawsuit before the court, it cannot be said that there is no negligence. Further, such obligation is borne, regardless of whether the party appeared at the date of pleading and pleading, whether the party was notified of the date of pleading after the date of pleading present at the date of pleading, or whether the party was appointed as the legal representative (see Supreme Court Decision 2004Da16082, Jul. 22, 2004). Thus, the above legal principle applies to the case of service by public notice of the lawsuit by public notice at the time of request for payment order by public notice (see Article 4727(2).

B. In the instant case, on March 4, 2009, the Plaintiff filed an application for the instant payment order against the Defendants with the Busan District Court 2009Da6119, and the Defendants’ address was stated in the application for the payment order as “Ulsan-gu D 1404.” The said court sent the original copy of the payment order against the Defendants to the address indicated in the application for the payment order.