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 above judgment becomes final and conclusive with the intention of the appeal period (two weeks from the date on which the judgment was served) unless the original of the related legal principles was served by public notice.

The legitimacy of the appeal to supplement the above judgment should be determined by examining whether the appeal period is due to a cause for which the appellant is not responsible.

(1) Article 173(1) of the Civil Procedure Act provides that “A cause not attributable to a party” refers to a cause for failure to observe the period despite the party’s exercise of generally required care for conducting litigation. In a case where the service of litigation documents in the course of litigation becomes impossible and the service of litigation documents was made in a method of service by public notice as a result of the impossibility of being served by public notice, the parties are obliged to investigate the progress of litigation from the beginning to the point of time.

This obligation is to be borne, regardless of whether or not the parties present and present at the date of pleading.

If a party fails to abide by the peremptory period due to a failure to investigate the progress of the lawsuit, it shall not be deemed that the party is due to any cause not attributable to him/her.

(see, e.g., Supreme Court Decision 2014Da211886, Oct. 30, 2014). B.

In fact 1) On June 20, 2011, the Plaintiff filed an application for the instant payment order with the Changwon District Court Branch Branch, Jinju Branch Branch, and the said court issued a payment order on June 24, 201, and served the Defendant on June 28, 201 (the Defendant’s spouse Nonparty E was received from the “Building D”) on June 28, 201 (the Defendant’s domicile). 2) On July 7, 2011, the Defendant submitted a written answer with the written objection against the payment order to the said court.

3. In the first instance trial proceedings following the defendant's filing of objection, the said court shall designate the first day for pleading and notify the defendant of the date for pleading.