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 legality of a subsequent appeal;

A. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to the reason why the party could not observe the period even though he/she fulfilled the duty of due care to conduct the litigation. In cases where documents of the lawsuit cannot be served by means of ordinary means during the process of the lawsuit and served by public notice, a party is obligated to investigate the progress of the lawsuit by public notice from the first delivery of a copy of the complaint to the case where the lawsuit was served by public notice. 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 any reason for which the party cannot be held responsible.

(see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). B.

Judgment

According to the records of this case, it can be acknowledged that the defendant served the original copy of the payment order on May 18, 2016 and filed a written objection against it on May 24, 2016. Thus, insofar as it is obvious that the defendant was aware of the fact that the lawsuit has been pending, the defendant is obligated to investigate the progress of the lawsuit.

Therefore, it cannot be said that the Defendant’s failure to observe the peremptory period, even though having knowledge of the continuation of the lawsuit, is due to any cause not attributable to the party.

2. It is so decided as per Disposition by the assent of all participating Justices who reviewed the appeal of this case.