1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination on the legitimacy of a subsequent appeal

A. If a 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 was unable to comply with the peremptory period due to a cause not attributable to him/her, and thus, he/she may file an appeal to correct it within two weeks after such cause ceases to exist.

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 rendered by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served 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 served by public notice only when he/she read

(Supreme Court Decision 2010Da75044, 75051 Decided January 10, 2013, etc.). B.

As to the instant case, the notice of the date of pleading to the Defendant was served by public notice and the procedure was proceeded with. On October 16, 2014, the first instance judgment rendered in favor of the Plaintiff was also served on the Defendant on October 31, 2014, and the original copy of the judgment was also served on the Defendant by public notice. The Plaintiff filed an application for seizure and collection order of the Defendant’s wage claim against the Defendant’s workplace on November 25, 2014 with the Ulsan District Court 2014TTTTTTTTT14785 with the title of enforcement. The Plaintiff received the said decision on December 3, 2014; the Defendant was served with the original copy of the said decision and became aware that the first instance judgment was served by public notice around that time; the Defendant filed an appeal to complete the instant judgment on December 9, 2014 with the record or based on the overall purport of pleading as a whole.