대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Determination on the legitimacy of a subsequent appeal
A. If the original 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 is unable to observe the peremptory period due to a cause not attributable to him/her, and thus, he/she may file an appeal by up to two weeks after such cause ceases to exist (30 days if the cause ceases to exist in a foreign country).
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. Barring any other special circumstances, 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 the records of the case or received the original
(Supreme Court Decision 2015Da8964 Decided June 11, 2015; Supreme Court Decision 2012Da75000 Decided December 13, 2012; Supreme Court Decision 2010Da7504, 75051 Decided January 10, 2013, etc. (see, e.g., Supreme Court Decision 2010Da7504, 75051).
On March 11, 2014, the Plaintiff filed the instant lawsuit against the Defendant. The duplicate of the instant complaint was not served on the Defendant due to the absence of closure, and the court of first instance ordered the Plaintiff to revise the Defendant’s address and serve the enforcement officer with the changed Defendant’s address, but ordered the Defendant to serve a service by public notice of the duplicate of the instant complaint and the notice of the date for pleading on August 29, 2014 (hereinafter “instant judgment”), and subsequently ordered the Defendant to serve a copy of the instant complaint and the notice of the date for pleading on August 29, 2014 (hereinafter “instant judgment”). The original copy of the instant judgment was also served on the Defendant by public notice, and the Defendant on April 28, 2016.