1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Determination on the legitimacy of a subsequent appeal

A. The gist of the Plaintiff’s assertion is that the original copy of the judgment of the court of first instance was the title of execution, and the Defendant received the attachment and collection order as to the claim held by the Korea Exchange Bank and the Nonghyup Bank Co., Ltd., as Seoul Central District Court No. 2014TT.

On April 14, 2014, the Defendant became aware of the fact that the judgment of the first instance was rendered at around the time when he received the delivery of the above seizure and collection order.

However, since the defendant filed a subsequent appeal after two weeks of the filing period from the defendant, the defendant's subsequent appeal is unlawful.

B. Unless there are special circumstances, such as that the service of the original copy of the judgment of the first instance court is null and void, an appellant shall file an appeal within two weeks from the date when the original copy of the judgment was served as a peremptory term

(Article 396 of the Civil Procedure Act). If a party is unable to comply with the peremptory period due to any cause not attributable to him, he may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.

(Article 173(1) of the Civil Procedure Act. If a copy of a complaint, an original copy of judgment, etc. are 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 falls under a case where it is impossible to observe the peremptory period due to a cause not attributable to him/her and thus, he/she may file an appeal for subsequent

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, 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 a new original of the judgment