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 are apparent in the records of recognition:

On November 25, 2016, the Plaintiff applied for the instant payment order (Seoul District Court Decision 2016Ra305, Gwangju District Court Decision 2016Da305) by indicating the Defendant’s domicile as the Defendant’s resident registration address in the application for the instant payment order on November 25, 2016. On December 29, 2016, the original copy of the payment order was served on D by the Defendant’s children at the above address.

B. On January 2, 2017, the Defendant submitted a written objection to the payment order to the Gwangju District Court, Gwangju District Court, Gwangju District Court, Gwangju District Court, and the “refluent” column of the letter plastic bags in which the said written objection was filed was indicated with the Defendant’s domicile.

According to the defendant's above objection, the above payment order application case was implemented as the lawsuit of this case.

C. On February 28, 2017, the court of first instance served a notice of the date of pleading on the date of pleading on the Defendant’s domicile, and received the said notice of the date of pleading on March 2, 2017 from D.

After that, the defendant was not present on the first day of pleading of the first instance court, which was held on March 17, 2017, and the defendant did not submit a substantive written response disputing the plaintiff's claim except for the above written objection.

Accordingly, the first instance court immediately concluded the pleading on the date for pleading, and sentenced the Plaintiff to a favorable judgment (the first instance judgment). On March 29, 2017, the original copy of the first instance judgment was served on the Defendant’s domicile. D on March 31, 2017, received the original copy of the said judgment.

E. The Defendant submitted the instant written appeal on April 26, 2017, which was subsequent to the lapse of the period of appeal of two weeks from the date of service of the original copy of the said judgment.

2. Determination on the legitimacy of a subsequent appeal

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 comply with the period despite the party’s exercise of generally required care to conduct a procedural act, and the party’s progress of the lawsuit.