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

Purport of claim and appeal

1..

A. The defendant asserts that the appeal of this case was lawful, since he had been in prison since 2016, since the defendant was in prison, it constitutes a case where the defendant could not observe the peremptory appeal period due to a reason for which the copy of the complaint and the original copy of the judgment were served by means of service by public notice in the first instance court, and the defendant was aware of the fact that the judgment of the court of first instance was rendered on January 18, 2019, and caused a subsequent appeal within two weeks from then, since he became aware of the fact that the judgment of the court of first instance was rendered on January 18, 2019, and the appeal of this case was filed within two weeks from then, even if the defendant was in prison, and the fact that the judgment of the court of first instance was rendered by meeting with G, which is his agent, was all known around that time, and thus, the appeal of this case filed after two weeks

B. If a copy of a written complaint of determination as to whether a subsequent appeal satisfies the requirements and the original copy of the judgment were served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant is unable to comply with the peremptory term due to a cause not attributable to him/her, and thus, the defendant is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any other special circumstance. Thus, in ordinary cases, it shall be deemed that the party or legal representative becomes aware of the fact that

Supreme Court Decision 2004Da8005 Delivered on February 24, 2006