용역비
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. Determination on the legitimacy of a subsequent appeal
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 had been generally obliged to act in the course of litigation. In cases where the document of lawsuit cannot be served by means of public notice while the lawsuit was in the course of litigation, and served by means of public notice, the document of lawsuit cannot be served by means of ordinary means. As such, if the party fails to investigate the progress of the lawsuit and fails to observe the peremptory period, it shall not be deemed that the party is liable for any reason for not being responsible, and such obligation shall be borne, regardless of whether the party was present and present at the date for pleading, whether the party was notified of the date for pleading following the date for pleading, whether the party was appointed an attorney at the date for pleading, or not.
(See Supreme Court Decision 2006Da3844 Decided March 10, 2006; Supreme Court Decision 2012Da44730 Decided October 11, 2012; Supreme Court Decision 2014Da21186 Decided October 30, 2014.
On May 23, 2017, the Plaintiff filed an application against the Defendant for the instant payment order with Seoul Central District Court 2017 tea223187, and the Defendant directly filed an objection against the instant payment order on July 4, 2017, when he/she was served with the original copy of the payment order/payment procedure guide/electronic litigation guide at his/her domicile on June 28, 2017. The instant application for the instant payment order was implemented as the instant litigation procedure. The instant application for the payment order was served with the Defendant’s domicile, but the court of first instance sent the notice to the Defendant on August 30, 2017 and sent the notice to the Defendant on August 31, 2017 and sent the notice to the Defendant on August 31, 2017, and the court of first instance was on the date of pleading as of September 6, 2017.