A. If the original copy, the original copy, etc. of a complaint was served by service by public notice, barring special circumstances, 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 may file an appeal for subsequent completion within two weeks after such cause ceases to exist

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. In ordinary cases, barring any special circumstance, it shall 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 or received a new original of the judgment.

(see, e.g., Supreme Court Decision 2013Da41318, Oct. 17, 2013). B.

According to the records of this case, the court of first instance may recognize the fact that the court rendered a judgment that fully accepts the Plaintiff’s claim on April 30, 2014 after serving a duplicate of the complaint against the Defendant, the date of pleading, etc. by public notice, and then serving as a result of service by public notice. The fact that the original copy of the judgment was served on the Defendant by public notice on May 3, 2014, and that the Defendant received the original copy of the judgment of first instance on January 26, 2015 and thereby becomes aware that the judgment of first instance was served by public notice by perusal, and that the Defendant filed an appeal subsequent to February 9, 2015.

Therefore, the defendant is unable to comply with the appeal period, which is the peremptory period, due to a cause not attributable to him. Thus, the appeal filed within two weeks from the date the judgment of the court of first instance became aware of the fact by public notice is lawful.

2. Determination as to the cause of action

A. The summary of the plaintiff's assertion is as follows: the defendant on November 6, 2004 on the part of the plaintiff on March 2005.