The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

1. Basic facts

A. On August 25, 2016, the Plaintiff filed an application against the Defendant for a payment order (Seoul District Court 2016 tea 5935). The Defendant was directly served the original of the payment order on September 5, 2016.

On September 19, 2016, the defendant submitted a written objection and a written answer regarding the above payment order, and the above payment order procedure was implemented as the litigation procedure of the first instance court of this case (Seoul District Court 2016No. 59876).

B. On February 6, 2017, the first instance court sent a notice of the date of pleading to the Defendant’s domicile, which was served on February 6, 2017, but did not serve on the date of pleading due to the director’s unknown address, and continued the date of pleading on March 21, 2017.

On March 22, 2017, the first instance court served a notice of the sentencing date on the defendant's domicile at the above address, but did not serve the notice due to the director's unknown, on March 28, 2017, sent the notice of sentencing date.

C. On April 25, 2017, the first instance court rendered a judgment accepting the Plaintiff’s claim. On April 26, 2017, the original copy of the judgment was served to the Defendant’s address, but was not served to the director’s unknown address, and on May 10, 2017, the service of the original copy of the judgment was effective on May 25, 2017.

On February 12, 2020, the defendant filed an appeal for the subsequent completion of the case.

[Grounds for recognition] The court's significant facts and the purport of whole pleadings

2. Determination on the legitimacy of a subsequent appeal

A. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to the reason why the party could not observe the period despite having fulfilled his/her duty of care to conduct the procedural acts. In a case where the documents of lawsuit cannot be served by means of ordinary means during the process of the lawsuit and served by public notice, the party is obliged to investigate the progress of the lawsuit from the first delivery of the copy of the complaint to the case where the lawsuit was proceeded by public notice.