물품대금
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 of recognition are apparent or obvious to this Court:
On June 19, 2017, the Plaintiff filed the instant lawsuit seeking payment of KRW 36,214,600 for the original amount supplied against the Defendant from February 24, 2017 to April 21, 2017, and damages for delay.
B. On July 11, 2017, the first instance court served a duplicate of the instant complaint on Jongno-gu Seoul, the Defendant’s business place, and received the said documents by F, the Defendant’s business partner, and did not submit a reply from the Defendant within 30 days thereafter.
C. On September 11, 2017, the first instance court served a notice of the sentencing date to the location of the defendant’s business office, but the said notice of the sentencing date was not served as a director’s unknown, and thus was sent by the method of delivery on September 20, 2017.
On October 26, 2017, the first instance court rendered a judgment in favor of the plaintiff without pleading, and the original copy of the judgment was served by public notice on November 21, 2017.
E. On April 3, 2018, the Defendant submitted the instant written appeal to the first instance court.
2. Whether the subsequent appeal of this case is lawful
A. If a person to be served was not present at the place of service, documents may be served by delivering them to his/her office worker, employee, or cohabitant who is man of sense (Article 186(1) of the Civil Procedure Act). Subsequent completion of procedural acts refers to a case where a party is unable to make a peremptory term due to a cause not attributable to him/her, thereby enabling him/her to supplement procedural acts by negligence within two weeks from the date on which such cause ceases to exist (Article 173(1) of the Civil Procedure Act). Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to the reason for failing to comply with the period, even though the party fulfilled his/her duty of care to do the procedural acts.
Therefore, in the course of the lawsuit, documents related to the lawsuit are pending.