양수금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. If the service of a copy of a complaint of propriety of an appeal for subsequent completion, an original copy of judgment, etc. was made 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 observe the peremptory term due to a cause not attributable to him/her, and thus, he/she 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." "after the cause ceases to exist" refers not to the case where the party or legal representative does not know of the fact that the judgment was made, but to the case where the party or legal representative knew of the fact that the judgment was served by service by public notice, barring any special circumstance. Thus, in ordinary cases,
(See Supreme Court Decision 2004Da8005 Decided February 24, 2006). The court of first instance is recognized that the defendant filed an appeal for the instant case on June 27, 2016, after serving a copy of the complaint of this case and a notice of the date for pleading on the defendant by public notice, the court of first instance rendered a judgment accepting the plaintiff's claim on August 11, 2015. The original copy of the judgment was also served on the defendant by public notice on August 13, 2015. The defendant was issued a certified copy of the judgment of first instance on June 24, 2016, and the defendant filed an appeal for the instant case on June 27, 2016.
In light of the above facts of recognition, the judgment of the first instance court was rendered without the defendant's knowledge of the continuation of the lawsuit of this case and the defendant was served with the original copy of the judgment by public notice, and the defendant was not aware of the service of the judgment of the first instance court without negligence. Thus, the appeal of this case filed within two weeks from the date the defendant became aware of the fact that the judgment of the first instance was served by public notice