The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Article 173(1) of the Civil Procedure Act provides, “If a party is unable to comply with the peremptory term due to any cause not attributable to him/her, he/she may supplement the procedural acts conducted by him/her within two weeks from the date such cause ceases to exist.” Here, the term “reasons not attributable to a party” means the reason why the party was unable to comply with the relevant period even though he/she performed his/her duty of due care to conduct procedural acts, even though he/she performed the duty of due care to do so

However, barring any special circumstance, barring any special circumstance, the Defendant’s failure to observe the peremptory period of filing an appeal should be deemed as attributable to a cause not attributable to the Defendant, if the judgment was rendered without knowing the fact that the Defendant had been pending, and only after the original copy of the judgment was served to the Defendant by public notice and became aware of such fact.

(2) The court of first instance, on November 10, 2005, notified the Defendant of the copy of the complaint and the date of pleading by service by public notice, and rendered a judgment accepting the Plaintiff’s claim on April 29, 2020 after the pleading was made. The original of the judgment also was served on the Defendant by public notice. On June 4, 2020, the Defendant became aware that the judgment of the first instance court of this case was served by public notice by public notice, and that the Defendant became aware that the original of the judgment of this case was served by public notice by public notice by the court of first instance on or around June 4, 2020.

8. The fact that the appeal of this case was filed can be acknowledged.

Examining the above facts in light of the legal principles as seen earlier, the Defendant was unable to observe the period of appeal due to a cause not attributable to the Defendant, and the instant appeal for subsequent completion was filed within two weeks from the date on which such cause ceases to exist, and thus, the instant appeal for subsequent completion satisfies the requirements for subsequent completion of litigation and is lawful.

The grounds for the claim and judgment are the same.