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. Ex officio determination as to the legitimacy of the defendant's subsequent appeal

(a)The following facts in fact of recognition are apparent or obvious to this court by record:

1) On March 11, 2016, the original copy of the order for payment was served on “Seoul Seocho-gu Seoul Seocho-gu District Court 2016 tea 455, the Defendant submitted the above written objection to the court on March 22, 2016. Accordingly, the above written order for payment was served as a lawsuit No. 201028 against the Defendant on April 12, 2016, the court of first instance sent the recommendation to the Defendant on April 27, 2016, but was not served as a closed text, and sent the notice to the Defendant on July 4, 2016, but was not served as a director’s unknown address on July 12, 2016, but on July 2016, 2016.

3) On August 12, 2016, the court of first instance rendered a judgment. On August 16, 2016, the original copy of the said judgment was sent to the Defendant on August 16, 2016, but the service was made on August 24, 2016, and the service became effective on September 8, 2016. (4) The Defendant submitted a petition of appeal against the judgment of the first instance on May 25, 2017.

B. Determination 1) The Defendant submitted a petition of appeal after the lapse of more than two weeks from the time when the service became effective, and thus did not file an appeal within the period of appeal. 2) 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 complying with the period despite the parties’ due diligence to do the procedural acts. In the event a document of lawsuit is unable to be served by means of ordinary means during the process of litigation and is served by service by public notice, the first copy of the complaint shall be served.