손해배상(기)
1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.
2...
If a copy of a written complaint for determination as to the legitimacy of an appeal for subsequent completion, an original copy of the judgment, etc., 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 is deemed 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
The term "after the cause has ceased to exist" 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 judgment was delivered by public notice. Thus, barring any other special circumstances, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when he/she read the records of the case or received
(2) According to the records of this case, the court of first instance delivered a copy of the complaint of this case and notice of the date of pleading of the first instance, etc. to the Defendant by public notice. On July 6, 2017, the court rendered a judgment of the first instance that partly accepted the Plaintiff’s claim, and the original copy of the judgment of the first instance was sent to the Defendant by public notice. On August 9, 2017, the Defendant received from the transaction bank the fact that the Plaintiff’s first instance judgment was attached to the Defendant’s deposit claim by public notice. At that time, the court of first instance became aware that the first instance was served by public notice. On August 17, 2017, the court of first instance recognized the fact that the Defendant filed an appeal to the court of first instance on August 17, 2017, where two weeks elapsed.
According to the above facts, the defendant can observe the peremptory appeal period, which is the peremptory period, due to the service of the copy of the complaint of this case and the original copy of the judgment of the court of first instance by public notice.