손해배상(기)
1. Revocation of the first instance judgment.
2. All plaintiffs' claims are dismissed.
3. The plaintiffs' total costs of litigation.
1. If a copy of the complaint, an original copy, etc. of the judgment regarding the legitimacy of the appeal of this case were served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to himself/herself, and thus, he/she may file an appeal of subsequent completion within two weeks (30 days if the cause was in a foreign country at the time of extinguishment of the cause)
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 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 of the
(2) In light of the purport of the records and arguments of this case, the first instance court rendered a judgment on July 9, 2014 after serving the Defendant with a copy of the complaint of this case and a notice of the date for pleading by public notice, etc., and rendered a judgment on July 9, 2014. The original copy of the judgment was also served by public notice. The Defendant was aware that the first instance court was served by public notice only after February 12, 2016, and the Defendant was not aware of the progress and result of the lawsuit. In so doing, it can be acknowledged that the first instance court submitted an appeal to the first instance court on February 17, 2016.
Therefore, the defendant could not observe the period of appeal, which is a peremptory period, due to a cause not attributable to the defendant, because he was unaware of the service of the judgment of the court of first instance without negligence. Thus, the judgment of the court of first instance was served by service