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)The following facts of recognition are apparent in, or obvious to, the record:

1) On January 25, 2017, the Plaintiff filed an application against the Defendant, etc. for a payment order claiming payment of KRW 25.9 million and damages for delay thereof (Seoul District Court Decision 2017 tea17 tea17), and accordingly, the said court served the original copy, etc. of the payment order by mail to “Seoulbuk-gun E,” which is the Defendant’s address corrected by the Plaintiff, and received the original copy, etc. of the payment order on February 14, 2017. The Defendant filed a written objection against the said payment order with the said court for the performance of the principal lawsuit. 2) The first instance court served the notice of the date for pleading on the Defendant’s domicile, but failed to serve it as a closed absence.

Accordingly, on March 13, 2017, the first instance court sent a notice of the date of pleading to the defendant's address above, and closed the pleading on April 4, 2017, after opening the date of pleading, closed the pleading, and again delivered a notice of the date of pronouncement to the defendant's address above the defendant's address but is not delivered as a closed door, the notice was sent on April 11, 2017, and was sentenced on May 16, 2017, which is the designated date of pronouncement.

On May 24, 2017, the first instance court served the defendant with an original copy of the judgment by public notice, and on June 80, 2017, the service became effective.

3. On April 8, 2019, the Defendant submitted a written appeal for the subsequent completion of the appeal against the judgment of the first instance.

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 despite the party’s exercise of generally required care to conduct litigation. In a case where the document of lawsuit cannot be served by means of ordinary means during the process of litigation and is served by public notice, the first delivery of the copy of the complaint was served by public notice.