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. Determination on the legality of the subsequent appeal

(a) The following facts are apparent in the records:

(1) On August 31, 2017, the Plaintiff filed an application with the Defendant for a payment order under this Court No. 2017 tea42549, and on October 19, 2017, the original copy of the payment order and the statement of demand procedure guidance was served on the Defendant. On October 30, 2017, the Defendant filed a written objection against the payment order and submitted it to the litigation proceedings under this Court No. 2017Gada471704, the first instance court of this case.

(2) On March 15, 2018, the court of first instance: (a) designated the date for the first instance as the date for the pleading; (b) served the Defendant a notice of the date for pleading; and (c) served the notice of the date for pleading on February 22, 2018; and (d) served the notice of the date for pleading on February 28, 2018.

(3) On March 15, 2018, the court of first instance closed the pleadings with the Defendant’s absence on the date of pleading, and rendered a judgment of the first instance that accepted the Plaintiff’s claim on April 5, 2018, and the judgment of the first instance was served on May 2, 2018 by service by public notice to the Defendant and became final and conclusive on May 16, 2018.

(4) The Defendant filed a subsequent appeal on June 29, 2018.

(5) Meanwhile, the notice of demand procedure that the court served on the debtor along with the original copy of the payment order stating that “if an objection is filed against the payment order, the payment order shall lose its effect and the case shall be executed as a general civil procedure.”

B. 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 even though the party had exercised generally due diligence for conducting litigation. In a case where the 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 public notice shall be served by public notice from the first delivery of a copy of the complaint to the case where the lawsuit was proceeded by public notice, and thus, the party is obliged