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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. Whether the defendant's subsequent appeal is lawful
A. The Defendant asserted that the Defendant responded to the lawsuit in good faith, such as receiving the original copy of the instant payment order and raising an objection against it, but thereafter, it was impossible to find out the fact that the first instance judgment was pronounced on the ground that he was unable to receive documents
On the other hand, although the plaintiff was aware of the defendant's address, he did not notify it to the court, and the court omitted the process of confirming the address which is not the defendant's business office.
Therefore, the appeal of this case is lawful, since the defendant was unaware of the delivery of the judgment of the first instance without negligence, and the defendant was unable to observe the appeal period due to a cause not attributable to the defendant.
B. Unless there are special circumstances, such as that the service of the original copy of the judgment of the first instance court is null and void, an appellant shall file an appeal within two weeks from the date when the original copy of the judgment was served as a peremptory term
(Article 396 of the Civil Procedure Act). If a party is unable to comply with the peremptory period due to any cause not attributable to him, he may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.
(1) Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the reason for the party’s failure to comply with the period despite the party’s due diligence to conduct the procedural acts.
In case where documents of lawsuit are served by public notice as it is impossible to serve documents of lawsuit in a normal way during the course of lawsuit, the documents of lawsuit shall be served by public notice from the service of the original copy of complaint to the case where the lawsuit is pending by public notice, and the parties are obliged
Therefore, if a party fails to investigate the progress of the lawsuit and fails to comply with the peremptory term, the party shall do so.