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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
We examine the legality of the appeal of this case.
1. The following facts are significant in this Court:
On March 15, 2014, the procedure for demanding the payment order that was lawfully delivered by the Defendant in the instant court 2014Hu22123, which was brought against the Defendant, was implemented as the claim for the amount of money taken over by the Defendant. On November 27, 2014, when only the Plaintiff’s attorney was present at the first date for pleading and the Defendant was absent even after receiving the notice of the date for pleading, the court of first instance concluded pleadings and declared a judgment citing the Plaintiff’s claim on the same day.
The participating officer of the first instance court did not serve the original copy of the judgment to the defendant due to the absence of closure, and served the original copy of the judgment by public notice upon the order of the presiding judge of the first instance court to serve the defendant by public notice on December 24 of the same year, and reached the defendant on January 20, 2015. The judgment became final and conclusive on February 3, 2015.
B. On May 20, 2015, the Defendant filed an appeal for the subsequent completion of the judgment at the expiration of 14 days from the date of arrival of the original copy of the judgment.
2. Determination
A. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason why the party could not observe the period even though he/she fulfilled generally the duty of care to conduct procedural acts. In cases where the documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, it is different from the case where the documents of lawsuit are served by public notice from the first delivery of a copy of a complaint to the case where the lawsuit was served by public notice, and thus, the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails to investigate the progress of the lawsuit and fails to observe the peremptory period, it cannot be said that the party is due to any reason for which it is not responsible.