1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

1. Determination on the legitimacy of a subsequent appeal

A. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to the reason why the party could not observe the period even though he/she had exercised generally due diligence for conducting procedural acts. In cases where documents of lawsuit cannot be served in the usual way during the process of litigation and served by public notice, it is different from the case where the documents of lawsuit are served by public notice from the first delivery of a copy of a complaint to the case where the lawsuit was served by public notice, and thus, the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails to investigate the progress of the lawsuit and fails to abide by the peremptory period, it cannot be deemed that the party is responsible for any reason not attributable to the party. Furthermore, the circumstance that the party was not negligent in failing to observe the period of appeal due to the failure to know of

(See Supreme Court Decision 2012Da44730 Decided October 11, 2012, etc.). Meanwhile, in principle, delivery of documents to a person to be served at the domicile, residence, place of business or office of the person to be served (Articles 178(1) and 183(1) of the same Act) may be made by means of supplementary service as his/her clerk, employee, or cohabitant, if the service institution fails to retain the person to serve at the “place to be served” as mentioned above.

(1) Article 186(1) of the same Act provides that “a person who lives together with another person who actually belongs to the same household as the person to be served is exempted (see Supreme Court Decision 2016Da215356, Jul. 7, 2016).

The following facts are significant or obvious to this court in terms of records:

1) Codefendant B of the first instance trial is the defendant's reference. 2) The original copy of the instant payment order is November 3, 2015.