대위변제금
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. If a copy of a complaint of determination as to the legitimacy of a subsequent appeal and the original copy of the judgment were served 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 comply with 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 to the time either the party or legal representative was not simply aware of the fact that the judgment was served by public notice, and further, the fact that the judgment was served by public notice is known only when the party or legal representative inspected the records of the case, or when the original copy
(2) According to the records of the instant case, the court of first instance may recognize the fact that the Defendant was issued the original copy of the judgment of the first instance on March 13, 2018 and the Defendant filed an appeal for subsequent completion with the court of first instance on March 21, 2018 following the issuance of the notice of the complaint and the date for pleading against the Defendant by public notice and the notice of the date for pleading by public notice, and subsequently accepted the Plaintiff’s claim against the Defendant on April 15, 2009. The original copy of the judgment was also served on the Defendant by public notice. The Defendant may recognize the fact that the Defendant filed an appeal for subsequent completion with the court of first instance on March 21, 2018.
According to the above facts, the defendant could not be able to observe the appeal period, which is a peremptory term, because he/she was unable to know the progress and result of the instant lawsuit due to a cause not attributable to himself/herself by means of service by public notice. Therefore, within two weeks from March 13, 2018, when the defendant received the original copy of the judgment and became aware of the fact that the judgment of the first instance court was sentenced by public notice by public notice.