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. Whether a subsequent appeal is lawful;

A. Article 173(1) of the Civil Procedure Act provides that "if a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist." In this context, "reasons for which the party cannot be held liable" means the reasons why the party could not observe the period even though he/she has performed the duty of due care to conduct procedural acts, even though he/she had performed the duty

However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant

(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). B.

According to the records of this case, the court of first instance rendered a judgment accepting the Plaintiff’s claim on July 15, 2008 after serving a duplicate of the complaint against the Defendant and the notice of date for pleading by public notice, and served the original copy of the judgment on July 15, 2008 to the Defendant by means of service by public notice. The Defendant can recognize the fact that he/she was aware of the judgment of the first instance court of this case, which should be around May 29, 2017, and filed the appeal of this case on May 30, 2017.

Therefore, the defendant's failure to observe the peremptory period for filing an appeal is due to a cause not attributable to the defendant. Thus, from the date the defendant became aware that the judgment of the first instance was served by public notice.