2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

On February 14, 2019, the Defendant served the original copy of the instant payment order and the guide for demand procedure, and submitted a written objection thereto on February 26, 2019.

B. Accordingly, on April 4, 2019, the first instance court served a notice of the date of pleading to the address indicated in the Defendant’s written objection, but did not serve the notice due to the absence of a closed door.

Accordingly, the first instance court served the defendant a notice of the date of pleading to the same address on the 22th day of the same month.

C. The Defendant was absent on the date designated on May 21, 2019.

The first instance court closed the pleadings on the date pursuant to Article 11-2 (1) of the Trial of Small Claims Act and sentenced the plaintiff's winning judgment on the day.

E. On May 27, 2019, the first instance court served an original copy of the judgment on the Defendant, but was not served due to the absence of closure, and served the original copy of the judgment by means of service by public notice on June 11, 2019.

F. However, the Defendant filed an appeal on July 23, 2019, which exceeded two weeks after the service by public notice became effective.

2. Determination on the legitimacy of a subsequent appeal

A. The defendant asserts that "The original copy of the judgment of the first instance is sent by service by public notice and confirmed in the form, and the defendant knew of the fact that the judgment was rendered at the latest, and thus, the appeal was filed with the knowledge of this fact, which constitutes a case where the defendant was unable to observe the appeal period due to a cause not attributable to him, and thus, the appeal for subsequent completion is lawful.

B. Article 173(1) of the Civil Procedure Act provides that “If a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date such cause ceases to exist.”

The term "reasons for which the parties cannot be responsible" is generally required by the parties to conduct the procedural acts.