1. The appeal by the Defendant (Counterclaim Plaintiff) shall be dismissed;

2. The instant counterclaim claim filed by the court is filed in the principal lawsuit.

1. Determination on the legitimacy of a subsequent appeal

A. According to the records, on July 8, 2014, the Plaintiff filed a payment order against the Defendant under this court 2014Guj41776, which was served on September 3, 2014 on the Defendant’s domicile, and the original copy of this payment order was directly received by the Defendant. ② The Defendant submitted a written objection and a written answer against the payment order on September 12, 2014. Accordingly, the Defendant was carried out as the lawsuit in this court 2014Guj586. ③ The first instance court served the notice on the Defendant’s domicile but sent it to the Defendant’s domicile. ④ The first instance court accepted the Plaintiff’s claim on October 5, 2015, which was served on the Defendant’s domicile, but was not served as closed, and the Defendant also served the original copy on the Defendant’s domicile on September 14, 2015.

B. (1) According to Article 173(1) of the Civil Procedure Act, in a case where a party was unable to comply with the peremptory period due to a cause not attributable to him/her, he/she may subsequently complete the procedural acts within two weeks from the date on which such cause ceases to exist. The term “reasons for which the party cannot be held liable” under the said Article refers to the grounds for failure to comply with the relevant period despite the party’s exercise of generally required care to conduct the procedural acts. In a case where a document of lawsuit is unable to be served by means of public notice due to a cause not attributable to him/her, while the lawsuit is in progress, the party is obliged to investigate the progress of the lawsuit, unlike the case where the first copy of the complaint was served by public notice.