대여금반환
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Determination on the legitimacy of a subsequent appeal
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 the instant lawsuit against the Defendant on February 16, 2016 under this Court Order 2016Da6940, which was the first instance court’s judgment. When the duplicate of the complaint sent to the Defendant’s domicile due to the Defendant’s resident registration was unable to be served, the said court served on the Defendant’s resident registration by means of service and served by public notice, and subsequently rendered a favorable judgment on October 21, 2016. In the instant lawsuit, the original copy of the first instance judgment against the Defendant was served by means of service by public notice. The Defendant becomes aware of the existence of the judgment of the first instance court and that the judgment was served by public notice upon the receipt of the original copy of the judgment on December 28, 2016, and thereafter, the fact that the Defendant filed the instant appeal on January 10, 2017 is apparent in the record or is obvious to the competent court.
C. If so, the defendant cannot observe the peremptory appeal period due to a cause not attributable to him.