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 on the legitimacy of the subsequent appeal

A. The following facts are either a dispute between the parties or a record.

(1) On April 15, 2019, the Defendant: (a) submitted the original copy of the instant payment order (Seoul Western District Court 2019 tea 24323) to the court on April 25, 2019; and (b) submitted the written objection to the court on April 25, 2019, to implement the instant principal lawsuit (Seoul Western District Court 2019 Ghana 407290).

(2) On July 11, 2019, the first instance court sent a notice of the date of pleading to the Defendant’s address but was not served as a closed door, and opened the date of pleading on July 25, 2019, after which the notice was sent and served pursuant to Article 187 of the Civil Procedure Act, and concluded the pleadings upon the Defendant’s absence on that date. In other words, the first instance court sentenced the first instance court judgment to the effect that

(3) On August 24, 2019, the first instance court served the original copy of the judgment of the first instance on the Defendant’s domicile but not on the closed door, and served the Defendant with the original copy of the judgment by public notice, and became effective at the time of August 24, 2019.

(4) On March 11, 2020, the Defendant received an authentic copy of the judgment of the first instance and submitted the instant written appeal for subsequent completion on the same day.

B. (1) The “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the grounds why the party could not observe the period despite having fulfilled his/her duty of care to conduct litigation. In cases where documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, a party is obligated to investigate the progress of the lawsuit by public notice from the first delivery of the copy of the complaint to the case where the lawsuit was served by public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period, the party is not responsible.