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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
The purport of the claim and the appeal shall be 1.
Reasons
1. Regarding the legitimacy of the defendant's appeal, the term "reasons for which the party cannot be liable" as provided by Article 173 (1) of the Civil Procedure Act refers to the reasons why the party could not comply with the period despite his due care to conduct the procedural acts. In a case where the documents are served by means of public notice as it is impossible to serve the documents in an ordinary way during the process of the lawsuit, and it is different from the case where the documents were served by means of public notice from the delivery of the original copy of the complaint to the public notice, and thus, if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period, it cannot be deemed that the party is due to such reasons not attributable to the defendant (see Supreme Court Decision 2012Da44730, Oct. 11, 2012, etc.). This case's health order was served to the defendant on the 20th trial court's address and the plaintiff is served on the defendant on November 15, 2019, as C. 2017.
According to the above facts, the defendant received the original copy of the payment order of this case lawfully and raised an objection against it.