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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Whether a subsequent appeal is lawful;
(a)The following facts in fact of recognition are apparent in the record or obvious to this court:
1) On December 30, 2014, the Plaintiff filed an application with the Defendant for the instant payment order, and C, the Defendant’s mother, served the original copy of the instant payment order on January 19, 2015. On January 27, 2015, the Defendant filed an objection to the instant payment order and submitted it to litigation proceedings. (2) The first instance court served the Defendant a notice of the date for pleading, but is not served as a closed language absence, and proceeded with the date for pleading by delivering the notice of the date for pleading to the Defendant.
3) On June 30, 2015, the first instance court rendered a judgment that fully accepts the Plaintiff’s claim. On July 3, 2015, the original of the judgment served on the Defendant on July 3, 2015, but did not serve the original of the judgment as a director’s unknown, and on July 14, 2015, the service by public notice became effective on July 29, 2015. (4) The Defendant filed an appeal for subsequent completion on October 23, 2018, which was two weeks after the said service by public notice became effective.
B. Determination 1) Article 173(1) of the Civil Procedure Act provides, “A party’s “reasons for which he/she is not liable” refers to the grounds for failure to comply with the period despite the party’s due care to conduct the said litigation. In cases where documents of litigation cannot be served by means of ordinary means during the process of litigation and served by public notice, the first instance court’s delivery of a copy of complaint to the case where the lawsuit was served by public notice, and thus, the party is obliged to investigate the progress of the lawsuit. Thus, if the party fails to investigate the progress of the lawsuit and fails to abide by the peremptory period, it cannot be said that the party is due to a cause not attributable to the party (see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012).