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 legality of the subsequent appeal

A. The following facts are apparent in the records:

1) On November 19, 2009, our bank filed an application for the instant payment order against the Defendant. 2) On December 2, 2009, the Defendant’s cohabitant B, the Defendant’s domicile, received the original of the said payment order at the Mapo-gu Seoul apartment 111 Dong 2101 (hereinafter “instant domicile”). The Defendant filed a written objection on December 16, 2009 and carried out the instant lawsuit.

2) The court of first instance served the notice of each of the date of pleading in this case on the domicile of the Defendant, and the Defendant’s cohabitant B or Ma received the above notice of each of the above date of pleading. 3) The court of first instance set the date of adjudication on July 11, 2010 on July 2, 2010 and served the Defendant a notice of the date of pronouncement on the domicile of this case, and B received it at the domicile of this case on June 17, 2010.

4) On July 2, 2010, the court of first instance rendered a favorable judgment against the Plaintiff, and served the original copy of the judgment of the first instance on July 13, 2010 to the Defendant at the domicile of the instant case. On July 16, 2010, B received the original copy of the judgment at the domicile of the instant case. 5) The Defendant filed the instant appeal on December 4, 2017.

B. Determination 1) According to Article 186(1) of the Civil Procedure Act, when a person to receive service is not present at a place where service is to be made other than a work place, a document may be served as a person living together with such person, who is man of sense. Here, “place to be served” is not necessarily confined to the person’s resident registration address, and “a person living together with the same household as the person to receive service” is also limited to the person who actually belongs to the same household as the person to receive service (see, e.g., Supreme Court Order 200Ma5732, Oct. 28, 200). Article 173(1) of the Civil Procedure Act provides that “if a party is unable to comply with the peremptory term due to any cause not attributable to him/her, such cause shall be attributable.”