대여금
1. The part against Defendant B among the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant B is dismissed.
2...
1. Determination on the legitimacy of a subsequent appeal
A. If a copy, original copy, etc. of a complaint was 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 may file an appeal to correct it within two weeks (30 days if the reason was in a foreign country at the time when the reason ceases to exist) after it ceased to exist because it was impossible to comply with the peremptory period due to a cause not attributable to him/her.
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 other special circumstance, it should be deemed that the 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 the original copy
(Supreme Court Decision 2010Da75044, 75051 Decided January 10, 2013). B.
According to the records of this case, the first instance court served a copy of the complaint against the Defendants and the notice of the date for pleading by public notice, and tried to hold pleadings. On July 5, 2017, the first instance court rendered a judgment accepting the Plaintiff’s claim against the Defendants on July 10, 2017; ② the first instance court served the Defendants with the certified copy of the judgment by public notice on July 10, 2017; ③ the Plaintiff filed a request for an explanation of property to the Seoul Central District Court 2017Kao102853; ③ thereafter, the Plaintiff served the Defendant on July 14, 2018; ④ the instant order to specify the property to be issued to the Defendant on July 14, 2018; ④ the Defendants filed the instant appeal on July 27, 2018. Upon receiving the said order to specify the property, it is recognized that the first instance court was aware of the fact that the said judgment was issued by public notice.
C. The above facts of recognition are legal principles as seen earlier.