대여금
1. Revocation of a judgment of the first instance;
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Determination on the legitimacy of the subsequent appeal
A. Unless there are special circumstances, if a copy of the complaint of related legal principles and the original copy of the judgment were served by service by public notice, 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 period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. Here, "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 the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice. In ordinary cases, unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice
B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).
Judgment
On September 1, 2016, the first instance judgment in favor of the Plaintiff was rendered on September 1, 2016, and the original copy of the judgment was also the same month.
8. The fact that it was served on the defendant and the selected party C by public notice, the defendant was issued a certified copy of the judgment of the first instance court on April 24, 2017, and the defendant and the selected party C filed an appeal for the subsequent completion of the appeal of this case on May 1, 2017, within two weeks from them, may be recognized in light of the records or the purport of the entire pleadings.
C. According to the theory of the lawsuit, it is reasonable to view that the defendant and the appointed party C knew that the judgment of the first instance court was served by public notice only after obtaining a certified copy of the judgment of the first instance court on April 24, 2017, and that the appeal of this case filed within two weeks thereafter was subsequently completed.