대여금
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 main text of Article 173(1) of the Civil Procedure Act provides, “Where a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by negligence within two weeks from the date on which such cause ceases to exist,” and “reasons not attributable to him/her” in this context refers to the grounds for not complying with the relevant period, even though the party had exercised generally required due diligence for conducting such litigation. In cases where documents cannot be served in a usual way while the lawsuit is in progress and served by service by public notice due to the impossibility of being served with the documents by public notice, it is different from the cases where the lawsuit was conducted by public notice from the date on which a copy of the complaint was served by public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period due to any cause not attributable to him/her, it shall not be deemed that the party is due to any cause not attributable to him/her. In addition, such obligation is assumed, regardless of whether the party was present and present at the date of pleading, or whether the following notice was given
(1) The court of first instance issued an order of address correction to the Plaintiff on June 17, 2005, when the original of the instant payment order was served to the Defendant’s address on October 12, 2005 (see, e.g., Supreme Court Decisions 97Da50152, Oct. 2, 1998; 2012Da44730, Oct. 11, 2012). According to the records, the court of first instance issued an order of address correction to the Plaintiff when the Plaintiff was unable to serve the original of the instant payment order as the Defendant’s address on June 17, 2005, and served the original of the instant payment order again as the Defendant’s address upon the Plaintiff’s address (e.g., Ulllllle-gun, Gyeong-gun), and the Defendant received the original of the instant payment order from the Defendant’s address on July 12, 2005.