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. Whether the subsequent appeal of this case is lawful

A. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” means the reason why the party could not observe the period even though the party had exercised generally due diligence to conduct the procedural acts.

Therefore, in a case where the service of documents in a lawsuit is impossible as a result of the impossibility of being served by public notice during the process of the lawsuit, the parties are obligated to investigate the progress of the lawsuit from the beginning, unlike the case by public notice. Thus, if the parties did not know the progress of the lawsuit to the court, it shall be his negligence.

(Supreme Court Decision 2013Da54611 Decided October 24, 2013, and Supreme Court Decision 97Da15791 Decided July 11, 1997, etc.) B.

Judgment

1) The following facts are apparent in the record or significant in this court. ① On April 14, 2016, the Plaintiff filed an application for the instant payment order against the Defendant for the instant payment order (Seoul District Court Decision 2016Hu2298, Jincheon District Court Branch Branch Decision 2016Hu2298, and the Defendant’s address was indicated as the Defendant’s address as the Defendant’s “One story-gu Seocheon

② On April 16, 2016, the said court issued the instant payment order, and sent the original of the payment order and the written guidance for demand procedure by mail. The Defendant’s spouse D was served on April 20, 2016 at the same domicile.

③ On April 21, 2016, the Defendant submitted a written objection to the instant payment order to the above court, and entered the same in the debtor’s address column.

④ The instant payment order case was implemented as a litigation procedure upon the Defendant’s objection.

⑤ On September 12, 2016, the court of first instance rendered a notice of the date of pleading to the Defendant at his/her address by mail, but proceeded with the trial by delivery of the notice to the Defendant, if the notice is not served due to the absence of closed text.

(6) The court of the first instance shall wholly refer to the plaintiff's claim on October 6, 2016.