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. We examine the Plaintiff’s main defense that the Defendant’s appeal is unlawful, as to whether the subsequent appeal is lawful.

The main text of Article 173(1) of the Civil Procedure Act provides, “If a party is unable to observe 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.”

The phrase “reasons for which a party cannot be held responsible” refers to the grounds why the party cannot observe the period despite the party’s due care to conduct such procedural acts. In the event a document of lawsuit cannot be served in a usual way while the lawsuit was in progress and served by public notice, if the document of lawsuit was served by public notice, then it would be different from the case where the document of lawsuit was served by public notice from the service of the original copy of the complaint to the case where the lawsuit was served by public notice, and thus, the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails to investigate the progress of the lawsuit and fails to abide by the peremptory period, it cannot be said that the party is responsible for any cause not attributable to the party, and the circumstance that the party was not negligent in failing to observe the period due to the failure to know

(2) According to the records, the Plaintiff filed an application for the instant payment order with the Defendant stating “Seoul-gu C301, the Defendant’s domicile on the Defendant’s resident registration, as the Defendant’s address, on October 30, 2014; the Defendant served the original copy of the instant payment order on March 18, 2015; and submitted a written objection against the payment order on October 11, 2012; and the court of first instance designated the date for pleading as the date for pleading; and the court of first instance designated the date for pleading as the date for pleading to the Defendant on March 3, 2015.