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 legitimacy of a subsequent appeal

A. According to the records of this case, on September 26, 201, the plaintiff applied for a payment order of loans, etc. against the defendant and the co-defendant C on September 26, 201, but applied for lawsuit on December 19, 2011. On January 2, 2012, the first instance court sent a copy of the complaint and a litigation guide to the defendant's resident registration "Gwanbuk-gu D Building E (hereinafter "the domicile of this case"), and on January 9, 2012, F, as the defendant's cohabitant, sent a notice of the date for pleading on March 8, 201, and sent the notice to the defendant's co-defendant C on March 21, 201, but did not appear to have been served as a closed copy on March 21, 2012, and the above judgment of the court of first instance was not served as the original copy on March 21, 2012.

B. According to Article 173(1) of the Civil Procedure Act, where a party is unable to comply with the peremptory period due to a cause not attributable to the party, the subsequent completion of procedural acts may be made 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 reasons why the party could not comply with the period even though he/she had exercised a general duty to do the procedural acts, and the document of lawsuit cannot be served by means of service, while the copy, etc. of the written complaint was duly served and the lawsuit was pending due to the lawful delivery of the copy, etc., by means of public notice.