대여금
1.The judgment of the first instance shall be modified as follows:
The plaintiff succeeding intervenor's claim against the defendant is dismissed.
2...
1. Whether a subsequent appeal is lawful (1) If a copy of the complaint, an original copy of the judgment, etc. were served 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 him/her and thus, he/she is entitled to file an appeal for subsequent completion within two weeks (30 days if the cause ceases to exist in a foreign country at the time when the cause ceases to exist
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 served by public notice only when the party or legal representative inspected the records of the case or received the original copy
(2) According to the reasoning of the lower court’s judgment and the purport of the entire pleadings as to the instant case, the first instance judgment rendered in favor of the Plaintiff on November 11, 2008, and the original copy of the judgment was delivered to the Defendant by public notice on November 13, 2008, and the Defendant became aware that the said judgment was served by public notice only through an application for the issuance of the original copy of the judgment at the court of first instance on December 3, 2015, and the Defendant submitted the instant appeal on December 3, 2015.
According to the above facts of recognition, the defendant was unable to observe the appeal period due to the lack of knowledge of the service of the judgment of the court of first instance without negligence, and the defendant was served the judgment of the court of first instance by public notice.