1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is ordered.

1. Determination on the legitimacy of a subsequent appeal

A. If a copy of the complaint, an original copy, etc. of the judgment were 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 is entitled to file an appeal for subsequent appeal within two weeks after such 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 special circumstances, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when the party or legal representative inspected the records of the case or received a new original of the judgment

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

Judgment

According to the records of this case, the first instance court sentenced the Defendant to the judgment of the first instance which fully accepted the Plaintiff’s claim on October 5, 2005, and served the original copy of the judgment of the first instance on October 20, 2005, by public notice. The Defendant served the Defendant with the original copy of the judgment of the first instance on October 20, 2005. The Defendant served on October 28, 2015, a small Daegu District Court Port Branch Branching 2015da19652 for the extension of the prescription period of the judgment of the first instance on the recommendation of performance for the loan claim, which was served on October 28, 2015, and becomes aware of the progress and result of the first instance court lawsuit and filed the instant appeal on November 11,

According to the above facts, the defendant's failure to observe the peremptory period for filing an appeal is due to a cause not attributable to the defendant. Thus, the appeal of this case filed by the defendant within two weeks from the time the judgment of the court of first instance became served by service by public notice is lawful.

2. The facts of the basis.