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. We examine the legitimacy of the subsequent appeal of this case ex officio on the determination of whether the subsequent appeal is lawful.

(a) Facts below the facts of recognition are clear of records;

1) On December 5, 2014, the Plaintiff filed an application against the Defendant for a payment order seeking the payment of the amount stated in the purport of the claim with the lower court’s 2014 rank 280160, and the original copy of the payment order was impossible to be served and implemented as the instant lawsuit. 2) The first instance court sent the Defendant’s notice of the date of pleading on April 17, 2015, the documents, such as a duplicate of the complaint and the statement of lawsuit guidance, etc., to the Defendant’s domicile, “B, Busan-dong-gu,” the domicile of the Defendant, and the date of pleading on June 30, 2015, the notice of the date of pleading on August 11, 2015, and the Defendant’s child C, the second grade of which was a middle school at the same address, as the Defendant’s live with the Defendant on April 22, 2015, July 3, 2015, and August 13, 2015.

3) On August 25, 2015, the first instance court sentenced the judgment of the first instance that accepted the Plaintiff’s claim, and served the original copy of the judgment of the first instance on August 31, 2015 as the address, but it was impossible to serve the original copy due to the absence of closure, and served the original copy of the judgment of the first instance on September 10, 2015 through service by public notice. The service by public notice became effective on September 25, 2015. (4) The Defendant filed an appeal for subsequent completion on June 22, 2017.

B. According to Articles 183(1) and 186(1) of the Civil Procedure Act, a document may be served by delivering the document to an office worker, employee, or cohabitant, if the person to whom the document is to be served is located, at the domicile, residence, or office of the person to be served, and if the person to be served was not present at the place to be served, at the place to be served.

Meanwhile, the main text of Article 173(1) of the Civil Procedure Act provides, “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 a party cannot be held responsible" in the above provision means the party's procedural acts.