1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination on the legitimacy of a subsequent appeal

A. If the original copy, the 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 is unable to comply with the peremptory period due to a cause not attributable to him/her and thus the defendant is entitled to file an appeal for subsequent completion 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 delivered by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was delivered by public notice. Barring any special circumstances, barring any special circumstance, 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 records

(see, e.g., Supreme Court Decision 2013Da41318, Oct. 17, 2013). B.

According to the records, the court of first instance rendered a favorable judgment on November 28, 2007 after serving a copy of the complaint against the defendant, the date of pleading, etc. by public notice, and proceeding for pleadings on November 28, 2007. The original copy of the judgment was also served on the defendant by public notice. The plaintiff filed a lawsuit against the defendant for a loan claim against Suwon District Court 2017Kadan21038 for the interruption of extinctive prescription of a claim based on the above judgment. The defendant became aware of the first instance judgment only after serving a copy of the above complaint on December 23, 2017, and the defendant filed an appeal for subsequent completion on December 27, 2017, which was two weeks prior to the lapse of such two weeks.

C. Therefore, the defendant could not observe the peremptory appeal period due to a cause not attributable to the defendant. Since the defendant filed a subsequent appeal within two weeks after the cause ceases to exist, the defendant's subsequent appeal of this case shall be filed.