The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1.The following facts of basic facts shall be apparent or obvious to this Court in the records:

On July 26, 2019, the Plaintiff filed an application against the Defendant for a payment order seeking payment of goods under the Suwon District Court Branch Branch Branch 2019 tea8190, and accordingly, the said court issued the payment order on July 29, 2019. On October 4, 2019, the Defendant received the original copy of the said payment order at “Yansan-si, the Defendant’s domicile,” and raised an objection against the said payment order on October 7, 2019, which is less than two weeks thereafter.

B. The first instance court served on May 7, 2020 on the first day for pleading and served on the Defendant on May 7, 2020 as the first day for pleading, and served on April 1, 2020 as it was not served on the Defendant as the addressee’s unknown, and on May 7, 2020, served the original copy of the judgment to the Defendant after closing the pleadings on the first day for pleading and rendering the judgment to the Defendant on May 7, 2020, but on the other hand, served on the Defendant as the addressee’s unknown address, and served on May 30, 202.

C. On August 31, 2020, the Defendant filed a subsequent appeal against the first instance judgment.

2. The main text of Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with 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 such cause ceases to exist.”

"Grounds for which a party cannot be held responsible" as stipulated in the above provision refers to the grounds for failure to comply with the period despite the party's due diligence to conduct procedural acts. Where documents of lawsuit are served by means of service by public notice because the documents of lawsuit cannot be served by ordinary means while the documents of lawsuit are being served by legitimate means after being served by the copy of the complaint, etc., the case where the lawsuit was served by public notice from the first delivery of the copy of the complaint to the case where the lawsuit was served by public notice is different from the case where the lawsuit