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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. Article 173(1) of the Civil Procedure Act provides that "if a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist." In this context, "reasons for which the party cannot be held liable" means the reasons why the party could not observe the period even though he/she has performed the duty of due care to conduct the procedural acts, even though he/she had fulfilled the duty
However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant
(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). B.
In this case, ① on November 10, 2015, the Plaintiff applied for a payment order against the Defendant on the Busan District Court 2015 tea12140, but the above court rendered a decision to refer the payment order to the Defendant as the original copy of the payment order sent to his resident registration address was impossible to serve the original copy of the payment order. Accordingly, the above court rendered a judgment in favor of the Plaintiff on May 31, 2016, ② the original copy of the first instance judgment against the Defendant was delivered to the Defendant by public notice, ③ the Defendant as the title of execution of the first instance judgment around January 3, 2017.