기타(금전)
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 the complaint, an original copy, etc. of the judgment were served by public notice as to the legitimacy of the appeal for subsequent completion, 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 comply with the peremptory period due to a cause not attributable to him/her and thus, the appeal for subsequent completion may be filed within two weeks from the date such cause ceases
The "date on which the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was rendered, and further the fact that the judgment was served by service by public notice is known.
In ordinary cases, only when a party or legal representative peruses the records of the case or receives a new original of the judgment, it shall be deemed that he/she became aware of the fact that the judgment was served by public notice.
(See Supreme Court Decision 2004Da8005 Decided February 24, 2006. The judgment of the first instance was rendered after a copy of the complaint and the date of pleading, etc. were served by public notice, and the original copy of the judgment was also served on the Defendant by public notice. The fact that the Defendant was issued the original copy of the judgment on August 14, 2018 and submitted the written appeal of this case to the court of first instance on the 23th of the same month is apparent in the record.
According to the above facts, the defendant could not observe the appeal period due to the failure of the court of first instance to know that the judgment was delivered by public notice without negligence, and thus the defendant could not be responsible for such failure.
Since the court of first instance filed a subsequent appeal within two weeks from the time it became aware that the judgment was served by public notice, the appeal of this case is lawful.
2. Judgment on the merits
A. Determination as to the cause of the claim 1) Each entry of Gap evidence Nos. 4 through 12 (including paper numbers) can be acknowledged as follows in full view of the purport of the entire pleadings. ① The defendant's set up Category C is a corporation D (hereinafter referred to as "the defendant's set up").