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. Facts of recognition;

A. On December 4, 2015, the Plaintiff applied for a payment order against the Defendant, and the original copy of the payment order was served on the Defendant’s spouse B on January 5, 2016.

On January 6, 2016, the Defendant submitted a written objection against the payment order. Accordingly, the court of first instance sent a written notice to the Defendant on May 16, 2016, which was intended to serve the date of pleading (as of May 26, 2016) but was not served as a “defluence absence.”

B. On May 26, 2016, the Defendant was not present at the date of pleading notified (on May 26, 2016), and the court of first instance, after closing pleadings, sent a notice of adjudication date to the Defendant on June 15, 2016, and sentenced the Plaintiff to the full winning judgment on the date of declaration notified (on June 23, 2016).

After that, the court of first instance, where the original copy of the judgment was not served as "closed absence", ordered the defendant to serve the original copy by public notice on July 19, 2016, and the service of the original copy of the judgment by public notice was effective on August 30, 2016.

C. On September 5, 2016, the Defendant submitted a petition of subsequent supplement to the judgment of the first instance court to the court of first instance.

[Judgment of the court]

2. Whether the defendant's subsequent appeal is lawful

A. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason for failure to comply with the period despite the party’s exercise of general duty to act in the course of litigation. In a case where the documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the documents of lawsuit may not be served by public notice, and thus, the party is obligated to investigate the progress of the lawsuit from the first delivery of a copy of the complaint to the case where the lawsuit was served by public notice. As such, if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period, it may be deemed that the party