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. Whether the appeal of this case is lawful

A. The term “reasons for which a party cannot be held liable” in Article 173(1) of the Civil Procedure Act refers to the reasons why the party could not observe the period despite the party’s due diligence to conduct the procedural acts.

Therefore, in a case where the service of documents in a lawsuit is impossible as a result of the impossibility of being served by public notice during the process of the lawsuit, the parties are obligated to investigate the progress of the lawsuit from the beginning, unlike the case by public notice. Thus, if the parties did not know the progress of the lawsuit to the court, it shall be his negligence.

(see, e.g., Supreme Court Decisions 2013Da54611, Oct. 24, 2013; 97Da15791, Jul. 11, 1997; etc.). In addition, where an obligor has filed a lawful objection against a payment order, a lawsuit is deemed to have been instituted regarding the value of the object for which a claim for objection was filed at the time of filing a request for a payment order (see, e.g., Article 472(2) of the Civil Procedure Act). In addition, considering the court practice on which the obligor served with the original copy of the payment order when filing a request for a formal objection against the payment order, there is no reason to treat the same differently with the delivery of the original copy of the written demand procedure guidance stating that the obligor will be performed as a lawsuit in the event of

B. According to the record, the following facts may be acknowledged. (A) On July 28, 2015, the Defendant received the original of the payment order under Seodaemun-gu Seoul, Seodaemun-gu, Seoul, which was the resident registration domicile at the time, and filed an objection on August 5, 2015.

B) In the litigation proceedings initiated pursuant to the foregoing filing of objection, the court of first instance sent the notice of the date for pleading against the Defendant to the place under Paragraph A (a) if the notice of the date for pleading against the Defendant is not served because the addressee is unknown, and the pleading was closed on September 23, 2015.

(c).