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, an original copy, etc. of judgment regarding the legitimacy of an appeal for subsequent completion 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 may file an appeal for subsequent completion within two weeks (30 days if the reason ceases to exist in a foreign country at the time when the reason ceases to exist) after the cause ceases to exist due to a cause not attributable to him/her.
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. Barring any other special circumstances, it shall 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
(2) According to the records of the instant case, the judgment of the first instance court on February 24, 2006, and Supreme Court Decision 2013Da41318 Decided October 17, 2013, etc.), following the service of a written complaint and a writ of summons for the date of pleading to the Defendant by means of service by public notice, the said judgment was rendered on November 18, 201, and the original copy of the judgment was served on the Defendant by public notice on November 22, 201, and the Defendant was issued the original copy of the judgment of the first instance court on January 9, 201, and the Defendant submitted the instant written appeal on January 13, 2017.
According to the above facts of recognition, the defendant was unable to observe the peremptory period due to a cause not attributable to the defendant as being unaware of the service of the judgment without negligence, and was deemed to have become aware of the existence of the judgment of the court of first instance at the time of January 9, 2017, and not more than two weeks thereafter. < Amended by Act No. 1423, Jan. 13, 2017>