구상금
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. If a copy of a written complaint for determination as to the legitimacy of an appeal for subsequent completion, and the original copy of the judgment, etc., were served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to himself/herself and thus, he/she may file an appeal for subsequent completion within two weeks (30 days if the cause ceases to exist in a foreign country at the time when such cause
Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the said judgment was delivered by public notice. Thus, barring any other special circumstance, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the party or legal representative inspected the records of the case or received the original copy
(1) The court of first instance, upon receipt of a certified copy of the first instance judgment issued on December 22, 2016, becomes unable to serve a copy of the complaint sent to the Defendant’s domicile due to the Defendant’s resident registration, shall serve the Defendant’s resident registration by means of service and serve the same on the Plaintiff on November 29, 2016. The fact that the original copy of the first instance judgment against the Defendant was served by means of service by public notice. The Defendant becomes aware that the existence of the first instance judgment and the said judgment were served by means of service by public notice, upon receipt of the certified copy of the first instance judgment issued on December 22, 2016. The fact that the Defendant filed a final appeal of this case on December 28, 2016 is apparent or obvious to the court of first instance.
Thus, the defendant could not comply with the appeal period, which is the peremptory period, due to a cause not attributable to him, so the appeal of this case filed within two weeks from the date the judgment of the court of first instance became known as service by public notice shall be subject to procedural acts.