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

Purport of claim and appeal

1..

A. As the Plaintiff stated in the appellate brief that the Defendant was aware that the first instance judgment was rendered on October 16, 2018, the Plaintiff asserted that the Defendant’s subsequent appeal filed at the lapse of two weeks thereafter should be dismissed in an unlawful manner.

B. Unless there exist special circumstances, the Defendant was unaware of the service of the judgment without negligence if the original copy, etc. of the complaint and the original copy of the judgment were served by service by public notice. In such a case, the Defendant falls under the case where the Defendant was unable to comply with the peremptory term due to a cause not attributable to him and thus, the Defendant may subsequently complete the appeal within two weeks from the date on which such cause ceases to exist. Here, “the date on which the cause ceases to exist” refers to the date on which the parties or legal representatives did not know the fact that the judgment was served by public notice, rather than the date on which the parties or legal representatives knew of the fact that the judgment was served by public notice. Unless there were other special circumstances, it shall be deemed that the parties or legal representatives knew of the fact

(See Supreme Court Decisions 96Da30427 delivered on August 22, 1997; 2000Meu87 delivered on September 5, 2000; 2004Da805 delivered on February 24, 2006, etc.).

In this case, the following facts are clear in the record or significant in this court:

1) On May 29, 2017, the Plaintiff submitted the instant complaint to the first instance court against the Defendant, and the said court served a duplicate of the instant complaint, notice of the date for pleading, etc. to the Defendant via service by public notice following an order to rectify address, etc., and the service by public notice became effective on September 1, 2017. (2) The first instance court sentenced the first instance judgment on November 8, 2017, and served the Defendant with the original copy of the first instance judgment by public notice, and served the Defendant by public notice on November 15, 2017.