대여금
1. The defendant's appeal and the plaintiff's successor's application for intervention are all dismissed.
2. After an appeal is filed.
1. Determination on the legitimacy of a subsequent appeal
A. On November 24, 2006, the Plaintiff filed the instant lawsuit against the Defendant, and the court of first instance rendered a judgment citing the Plaintiff’s claim against the loan claim equivalent to the amount stated in the purport of the claim (hereinafter “the instant claim”) on April 12, 2007, when the decision of performance recommendation against the Defendant was not served several times due to the closure of the petition and the absence of documents or other reasons. On May 3, 2007, the Plaintiff served the Defendant with litigation documents, such as a copy of the complaint of this case and the notice of date for pleading, by public notice. On May 3, 2007, when the Defendant was absent on May 3, 2007, the Plaintiff proceeded with the first date for pleading, and closed the pleadings and closed the pleadings, and rendered a judgment.
On May 16, 2007, the court of first instance served the Defendant with an authentic copy of the judgment by public notice.
On November 2, 2017, the Defendant received a certified copy of the above judgment from the court of first instance, and filed an appeal for the subsequent completion on November 15, 2017.
[Ground for recognition] Unsatisfy, substantial facts in this court
B. In a case where a party to the legal doctrine was unable to comply with the peremptory term due to a cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date such cause ceases to exist.
(1) Article 173(1) of the Civil Procedure Act provides that “If a copy of a complaint and the original copy, etc. of a 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 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” 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 to the time when the party or legal representative