Defendant B’s appeal is dismissed.

Of the judgment of the court of first instance, the part against Defendant C is revoked, and the Plaintiff’s.

1. Determination on the legitimacy of the subsequent appeal of this case

(a)The following facts of recognition are apparent in, or obvious to, the record:

1) The Plaintiff filed an application against the Defendants for the instant payment order (Tgu District Court 2017 tea 3668). The original copy of the instant payment order was served on Defendant B Co., Ltd. (hereinafter “Defendant B”) on August 29, 2017, and was not served on Defendant C due to the absence of a closed text.

2) On August 30, 2017, the Defendants filed an objection against a payment order through a certified judicial scrivener.

3) Upon the Plaintiff’s filing of a lawsuit, the first instance trial was continued, and on September 25, 2017, the court of first instance served a notice of the date of pleading with Defendant B on September 25, 2017, and on Defendant C, the notice of the date of pleading was served, but the notice of the date of pleading was not served due to the absence of closure, and was sent on September 28, 2017.

4) The first instance court, on October 23, 2017, concluded the pleadings and sentenced the judgment on the date of the first instance trial on October 23, 2017, and served the Defendants with the original text of the judgment, as the Defendants were served but not served due to the absence of a closed text, and served the original text of the judgment on November 18, 2017 by means of serving public notice.

5) Defendant C received a certified copy of the judgment of the first instance court on April 6, 2020, and the Defendants filed an appeal for the subsequent completion on April 17, 2020.

B. Determination as to the legitimacy of Defendant B’s subsequent appeal is based on Article 173(1) of the Civil Procedure Act (see, e.g., Supreme Court Decision 2006Da1728, Apr. 1, 2006).

Article 173(1) of the Civil Procedure Act provides that "a party cannot be held liable" refers to a party's reasons for not complying with the period despite the party's due diligence to conduct the procedural acts. It is impossible to serve documents of the lawsuit in a usual way during the process of the lawsuit.