1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Facts of recognition

The following facts are either in dispute between the parties or on the records.

On December 23, 2015, the Plaintiff filed a request for payment order against the Defendant, etc. with the Jung-gu District Court 2015 tea 3222, Namyang-si, Seoul District Court. On February 2, 2016, the Plaintiff revised the Defendant’s address to the Gyeonggi-si “Feng-gun C” according to the order to rectify the address as of January 26, 2016 at the court of first instance.

On February 11, 2016, the defendant received the original payment order and the letter of demand procedure guidance at the address of the defendant.

However, on February 18, 2016, the defendant submitted a written reply to the effect that he/she raised an objection to the above payment order to the above court and implemented it as an ordinary legal procedure.

Accordingly, on July 14, 2016, the court of first instance delivered the notice of the date for pleading to the defendant's above address, and received it by a cohabitant. On August 10, 2016, the court concluded the pleading after proceeding with the first date for pleading while the defendant was present.

On September 7, 2016, the court of first instance rendered a judgment in the absence of the defendant. On September 19, 2016, the original copy of the judgment was served to the above address, but it was impossible to serve due to the absence of a text.

On September 28, 2016, the court of first instance ordered the defendant to serve by public notice, and the service by public notice became effective on October 13, 2016.

On November 28, 2016, the Defendant submitted to the court of first instance a written appeal for the subsequent completion of service at the time the service by public notice became effective.

The defendant's assertion as to the legitimacy of the appeal for the subsequent completion, the defendant asserts that he was not a party who entered into a contract with the plaintiff on the premise that the appeal for the subsequent completion in this case is lawful.

Judgment

Article 173, Paragraph 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 comply with the period even though the party had exercised a general duty to do the act of litigation, so the party's lawsuit is in progress.