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.The following facts of recognition shall be apparent in the records or significant to this Court:

On May 18, 2017, the Plaintiff filed an objection against the Defendant for the instant payment order with Suwon District Court Decision 2017 tea694, which was the Defendant’s domicile on June 21, 2017, and the Defendant filed an objection against the instant payment order on the 26th of the same month, who was served with the original copy of the payment order, from 340-83, to 340-83, on the other hand, if Ansan-si, who is the Defendant’s domicile. The instant payment order application was implemented as the instant litigation procedure.

B. On November 2, 2017, the court of first instance served a notice of the date for pleading to the Defendant at the address of the Defendant, but is not served due to the absence of a closed door, and served the said document on November 2, 2017, which was deemed to have been served on November 3, 2017.

C. On the same day after the date of pleading on November 21, 2017, the court of first instance rendered a judgment of the first instance on the same day. The original copy of the judgment of the first instance of this case was served to the Defendant’s domicile, but was not served due to the absence of a closed text, service by public notice on December 7, 2017.

The Defendant submitted the instant written appeal for subsequent completion on February 6, 2018, the second week from December 22, 2017, the delivery of the authentic copy of the judgment of the first instance court, which was the second week from February 22, 2017.

2. Determination on the legitimacy of a subsequent appeal

A. Article 173(1) of the Civil Procedure Act of the relevant legal doctrine refers to “reasons for which a party is not liable” refers to the grounds for failure to comply with the period despite the party’s exercise of general duty to act in the course of litigation. In a case where documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the documents of lawsuit cannot be served by means of service. As such, the party is obliged to investigate the progress of the lawsuit by public notice different from the cases where the lawsuit was served by public notice from the first delivery of a copy of the complaint by public notice, and thus, the party fails to comply