대여금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
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 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 is entitled to file an appeal for subsequent completion within two weeks after the cause ceases to exist because it falls under a case where the peremptory term cannot be complied with due to a cause not attributable to him/her, and thus, the term "after the cause ceases to exist" refers not to the case where the party or legal representative did not know of the fact that the judgment was served by public notice, but to the case where the party or legal representative knew of the fact that the judgment was served by public notice. Thus, barring any special circumstance, it shall be deemed that the party or legal representative becomes aware
(1) The court of first instance rendered a favorable judgment against the Defendant on November 28, 2014 by serving a copy of the complaint, notification of the date for pleading, etc. on the grounds of service by public notice. The original copy of the judgment was served on the Defendant on December 23, 2014 by public notice. The Defendant was unaware of the fact that the judgment of first instance was served on the Defendant by public notice. On May 23, 2016, the Defendant was unaware of the fact that the judgment of first instance was sent by public notice, and the first instance court became aware of the fact that the judgment of first instance was pronounced, and submitted an appeal to the court of first instance on June 3, 2016, within two weeks thereafter.
Thus, the defendant was unable to observe the appeal period due to a cause not attributable to the failure of the court of first instance to know the fact that the judgment was delivered without negligence. Thus, the defendant was delivered the judgment of the court of first instance by service by public notice.