구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Determination on the legitimacy of a subsequent appeal
A. If a copy, original copy, etc. of a complaint was 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 period 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
Here, "when the reason has ceased to exist" refers to the time when the defendant became aware of the fact that the judgment was served by service by public notice.
In ordinary cases, only when the defendant inspected the records of the case or received a new original copy of the judgment, it should be deemed that he became aware of the fact that the judgment was delivered by service by public notice.
(Supreme Court Decision 96Da30427 Decided August 22, 1997 (see, e.g., Supreme Court Decision 2018Da22228, Feb. 13, 2020). (B)
According to the records of this case, the first instance court rendered a judgment accepting the plaintiff's claim on May 6, 2005 after delivering a copy of the complaint against the defendant, a guide of lawsuit, and a notice of date for pleading to the defendant by service by public notice, and conducted pleadings on May 6, 2005. On May 26, 2005, the original copy of the judgment was also served on the defendant by public notice. The plaintiff filed an application against the defendant for the seizure and collection order of the above claim (No. 2012TTT 12151) with the title of execution. On September 10, 2012, the defendant served the original copy of the determination of the seizure and collection order of the above claim on September 10, 2012. The plaintiff again filed an application against the defendant for the seizure and collection order of the claim (No. 2019Hasan Branch District Court Branch Court Decision 2019No7162, Jul. 22, 2019).
Examining the above facts in light of the legal principles as seen earlier, Suwon District Court's Ansan Branch.