1. With respect to the grounds of appeal on the grounds of misapprehension of legal principles as to subsequent appeal, if a copy of complaint, original copy of 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 unable to comply with the peremptory period due to a cause not attributable to himself/herself, and thus, he/she may file an appeal for subsequent completion within two weeks (30 days in cases where he/she was in a foreign country at

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 means of service by public notice, instead of simply knowing the fact that the judgment was delivered by public notice. Thus, barring any special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when the party or legal representative read the records of the case or received the original

(See Supreme Court Decision 200Meu87 Decided September 5, 200, etc.). Based on the facts stated in its reasoning, the lower court determined to the effect that the Defendant was unable to observe the peremptory appeal period due to a cause not attributable to him/her, and that he/she subsequently filed an appeal within two weeks after such cause ceases to exist.

The judgment below

In light of the above legal principles and records, the judgment of the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to subsequent appeal or in violation of the Supreme Court precedents as to service by publication.

2. As to the ground of appeal on the ground of violation of Article 202 of the Civil Procedure Act concerning the free evaluation of evidence

A. The principle of free evaluation of evidence declared by Article 202 of the Civil Procedure Act refers to only a formal and legal evidence rule and arbitrary judgment by the judge.