2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

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

(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). (B)

In the instant case, the Plaintiff filed an application for a payment order against the Defendant on June 22, 2015 with this Court No. 2015Gu5702, but the said court rendered a decision to refer the payment order to the Defendant as the original copy of the payment order sent to his/her domicile on the Defendant’s resident registration was impossible to be served, and accordingly, the said court rendered a decision to refer the order to the lawsuit. In the instant lawsuit (No. 2015Da73509), the said court rendered a judgment in favor of the Plaintiff on May 31, 2016, after serving the Defendant a written notice of the date of pleading by service by public notice, and served the original copy of the judgment of the first instance against the Defendant by public notice. The Defendant became aware of the existence of the judgment of the first instance court of this case and that the judgment was served by service by public notice on September 23, 2016, and filed the instant appeal on September 23, 2016.