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. Whether a subsequent appeal is lawful;

A. The following facts are significant in this Court:

1) On June 19, 2009, the Plaintiff filed an application for the instant payment order with the Daegu District Court (2009 tea8543), and the said court served the original payment order and the demand procedure guidance (for obligor) with the Defendant’s resident registration address “Seoul-gu, Daegu-gu,” and received it on September 7, 2009, and the Defendant submitted a written objection to the payment order to this court on September 9, 2009, the demand procedure was implemented as a litigation procedure. 2) The first instance court sent the Defendant’s notice to the date of pleading but failed to deliver the said notice to the Defendant’s address, and the delivery of the said notice was made on October 13, 2009, and the first instance court served on November 3, 2009, and did not serve the original copy on November 16, 2009, and did not accept the Plaintiff’s request for the payment order on September 16, 2009.

3) On February 6, 2020, the Defendant filed an appeal for the subsequent completion of the lawsuit in this case. (B) The “reasons for which the parties cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the grounds for not being able to observe the period despite the parties’ due diligence to perform the procedural acts. In a case where documents of lawsuit cannot be served by means of ordinary means during the process of lawsuit and served by service by public notice, the first delivery of the copy of the complaint to the parties are different from the case where the lawsuit was served by public notice, and thus, the parties are obliged to investigate the progress of the lawsuit. Thus, if the parties fail to investigate the progress of the lawsuit, and thus fail to abide by the peremptory period, it cannot be said that the parties are attributable to any cause not attributable to the parties.