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 on the legitimacy of a subsequent appeal

A. 1) On February 27, 2017, the Plaintiff filed an application with the Defendant for a payment order claiming the payment of the same amount as stated in the purport of the claim (Ulsan District Court 2017 tea563) (2) Ulsan District Court served the original of the payment order and the notice of demand procedure with the Ulsan-gu C apartment, 202 Dong 402, the domicile of the Defendant, and the Defendant was served with the original of the payment order on March 7, 2017.

3) On March 8, 2017, the Defendant filed a written objection against the above payment order with the Ulsan District Court and filed it with the Ulsan District Court 2017Gaso8329 (the first instance court of this case).

hereinafter referred to as “the first instance trial” only

(4) On April 17, 2017, the court of first instance served a notice of the date of pleading to the Defendant on April 17, 2017; however, on April 27, 2017, the notice of the date of pleading was served on the Defendant by delivery of the notice of the date of pleading to the Defendant.

5) On May 24, 2017, the court of first instance rendered a judgment accepting the Plaintiff’s claim, and served the original copy of the judgment to the Defendant, but on June 5, 2017, the original copy of the judgment was again served to the Defendant by means of public notice on June 5, 2017, which would not be served due to the absence of documents. The effect of service by public notice was accrued at the time of June 20, 2017. (6) The Defendant filed an appeal for subsequent completion on January 5, 2018, which became effective, and the period of appeal by the second week expires.

[Reasons for Recognition] Cleared Facts

B. The "reasons for which a party cannot be held responsible" under Article 173, Paragraph 1 of the Civil Procedure Act refers to the reasons for which the period cannot be observed even though the party had exercised its general care to conduct the procedural acts in question.

The legitimacy of the appeal for the subsequent completion shall be determined by the appellant's failure to observe the appeal period due to a cause not attributable to him, and the copy of the complaint and other documents shall be served on the defendant by a method of service by public notice.