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. Determination as to the legitimacy of the subsequent appeal of this case

(a)The following facts in fact of recognition are apparent or obvious to this court by record:

1) The original copy of the payment order issued by Seoul Central District Court 2016 tea 13702 was served on June 21, 2016 as "Seoul Gangnam-gu C", which is the defendant's office's domicile, and the defendant submitted a written objection to the Seoul Central District Court on July 5, 2016. Accordingly, the above payment order was served on the Seoul Central District Court 2016 Ghana 275190 lawsuit. 2) The first instance court sent the notice of the date of pleading to the above address on September 23, 2016 but sent the notice to the above address on October 11, 2016, which was not served as the addressee's known address. On October 20, 2016, the defendant sent the notice of the date of pleading to the above address on October 11, 2016, which was served on the date of pleading, which was the date of closing the pleadings and served on the original copy as the mail at the above address on July 16, 2019, 2016.

3) The Defendant submitted a petition of appeal on February 22, 2017, which was after the delivery of the original copy of the judgment became effective, and the period for appeal of two weeks elapsed. (b) The phrase “reasons for which the parties cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the grounds for failure to comply with the period despite the parties having exercised generally required care to conduct procedural acts. In a case where documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the first delivery of the copy of the complaint to the parties are different from the case where the lawsuit was served by public notice, and thus, the parties are obliged to investigate the progress of the lawsuit. Thus, if the parties fail to comply with the peremptory period due to the failure to investigate the progress of the lawsuit, it cannot be said that the parties are due to any cause not attributable to the parties (see Supreme Court Decision 100, Oct. 11, 2012).