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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason for failure to comply with the period despite the party’s exercise of general duty to act in the course of litigation. In a case where the documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the documents of lawsuit cannot be served by means of public notice, the first delivery of a 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 comply with the peremptory period, it cannot be said that the
Furthermore, the circumstance that there was no negligence in failing to observe the appeal period due to the failure to know the declaration and service of the judgment should be proved by the parties who want to supplement the appeal later.
(2) On December 19, 2016, the Plaintiff filed an application for payment order under Seoul Southern District Court Decision 2016 tea3061 (hereinafter “Seoul Southern District Court”) on December 19, 2016, and the original copy of the payment order was served on the Defendant on March 6, 2017. The Defendant filed an objection against the payment order on March 8, 2017 with the court of first instance on April 26, 2017, where the notice of the date of payment receipt was not served on the Defendant due to the lack of a closed text, and the court of first instance sent the notice of the date of pleading to the Defendant on April 28, 2017. The court of first instance, where the notice of the date of payment receipt was sent to the Defendant due to the absence of a closed text, sent the notice of the date of pronouncement to the Defendant at the time of delivery, and the court of first instance, on May 30, 2017, delivered the original copy to the Defendant on May 27, 2017.