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

Purport of claim and appeal

1..

A. Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.”

However, if a copy, original copy, etc. of a complaint 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 may file an appeal to correct it within two weeks after such cause ceases to exist.

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. Thus, barring any special circumstance, it shall be deemed that a 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 a new original of the judgment.

B. (See, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006).

Judgment

On September 18, 2015, the court of first instance rendered a judgment citing the Plaintiff’s claim on September 24, 2015 after serving a copy of the complaint against the Defendant, a written guide of lawsuit, and a written notice of date for pleading by public notice, with respect to the instant case. The original judgment also served on the Defendant on September 24, 2015 by means of service by public notice, and the Defendant was issued the original judgment of the first instance on July 24, 2018, and the fact that the Defendant filed the instant written appeal on August 8, 2018 is apparent in the record.

According to such facts of recognition, the defendant is issued the original copy of the judgment of the first instance court at the latest on July 24, 2018.