The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport, purport, and.

1. If the service of a copy of a complaint and the original copy of the judgment, etc. of the subsequent appeal were to be made by means of service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance, and in such a case, the defendant falls under the case where he was unable to observe the peremptory period due to a cause not attributable to him, and thus, he may file an appeal for subsequent completion within two weeks (30 days where the cause

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 copy of

(See Supreme Court Decision 2010Da7504, 75051 Decided January 10, 2013, etc.) In the instant case, the Health Center, the first instance court, after serving a copy of the complaint against the Defendant, a notice of the date of pleading, etc. by public notice, rendered a judgment accepting the Plaintiff’s claim on October 20, 2015. The original copy of the judgment was served on the Defendant by public notice on October 22, 2015. The Defendant became aware that the original copy of the first instance judgment was served by public notice on November 26, 2019, and thus, the Defendant became aware of the fact that the first instance judgment was served by public notice on December 6, 2019, and the filing of a subsequent appeal on December 6, 2019 was apparent in the record, or that the Defendant could not comply with the peremptory period, which is a cause not attributable to the Defendant.

Therefore, the appeal of this case filed within two weeks from the date on which the judgment of the court of first instance became aware of the fact by public notice is lawful.

2. Determination on the cause of the claim

A. The plaintiff was found to have been aware of the facts of recognition on 205.