A. If a copy of the complaint, an original copy, etc. 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, 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, he/she is entitled to file an appeal for subsequent appeal within two weeks after such cause ceases to exist

The term "after the cause has ceased to exist" 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 judgment was delivered by public notice. Thus, barring any special circumstances, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when the party or legal representative inspected the records of the case or received a new original of the judgment

(Supreme Court Decision 2010Da75044, 75051 Decided January 10, 2013). B.

Judgment

According to the records of this case, the first instance court rendered a judgment accepting the Plaintiff’s claim on April 6, 2016 after serving a copy of the complaint, etc. on the Defendant by public notice, and subsequently serving the Defendant as a whole. On April 8, 2016, the Defendant served the original copy of the judgment on the Defendant by public notice, and the Defendant received the original copy of the judgment on June 8, 2016 and became aware of the progress and result of the first instance trial lawsuit and filed the instant appeal on June 8, 2016.

According to the above facts, the defendant's failure to observe the peremptory period for filing an appeal is due to a cause not attributable to the defendant. Thus, the appeal of this case filed by the defendant within two weeks from the time the judgment of the court of first instance became served by service by public notice is lawful.

2. 기초사실 원고는 ‘C’이라는 상호로 알미늄샷시 및 판넬시공업 등을 하는 사람이고, 피고는 경북 청도군...