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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. If a copy of the complaint, an original copy, etc. of the judgment were served by public notice as to the legitimacy of the appeal of this case, 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 observe the peremptory period due to a cause not attributable to him/her and thus, he/she may file an appeal for subsequent completion 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 other 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 he/she read the records of the case or received
(2) According to the records of the instant case, the court of first instance may recognize the fact that the Defendant served a duplicate of the complaint against the Defendant and the notice of the date for pleading by public notice, and served the Defendant on September 7, 2016, and served the original copy of the judgment to the Defendant by public notice, and on April 13, 2017, after being notified by the Plaintiff’s agent of the fact that the first instance judgment was served by public notice, the Defendant filed an appeal for subsequent completion with the court of first instance on April 27, 2017.
According to the above facts, the defendant could not be able to observe the appeal period, which is a peremptory term, due to the defendant's failure to know the progress and result, etc. of the lawsuit of this case due to a cause not attributable to himself by public notice. Thus, the defendant filed within two weeks from the time he knew of the fact that the judgment of the first instance was served by public notice.