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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Whether the 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 comply with 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.
(see, e.g., Supreme Court Decisions 2013Da54611, Oct. 24, 2013; 97Da15791, Jul. 11, 1997; etc.). In addition, where an obligor has filed a lawful objection against a payment order, a lawsuit is deemed to have been instituted regarding the value of the object for which a claim for objection was filed at the time of filing a request for a payment order (see, e.g., Article 472(2) of the Civil Procedure Act). In addition, considering the court practice on which the obligor served with the original copy of the payment order when filing a request for a formal objection against the payment order, there is no reason to treat the same differently with the delivery of the original copy of the written demand procedure guidance stating that the obligor will be performed as a lawsuit in the event of
B. Determination 1) The following facts are apparent in the records or significant in this court. ① On October 1, 2014, the Plaintiff filed an application for a payment order against the Defendants for the payment of KRW 20 million and damages for delay thereof ( Daegu District Court Decision 2014Da1265, Gu, Kimcheon-si, Seoul District Court 2014) with the Defendant, and the Defendant B’s address “Gu si Do Do Do Do Da (hereinafter “the address of this case”).
In other words, the address of Defendant C was described as “Gu Si E” respectively.
(2) The above court shall hold on January 2014.