1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

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1. Determination on the legitimacy of a subsequent appeal

A. Unless there are special circumstances, if a copy of complaint, original copy of judgment, etc. were served by service by public notice, the defendant was not aware of the service of the judgment without negligence. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist" "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was served by public notice. In ordinary cases, unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of

B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).

In this case, the court of first instance rendered a judgment citing the Plaintiff’s claim on March 25, 2016 by serving a duplicate of the complaint and the date of pleading on the Defendant by public notice, and proceeding with pleadings, and serving the original copy of the judgment on the Defendant by public notice on March 30, 2016. The Defendant becomes aware of the fact that the judgment of the first instance was rendered on May 18, 2016, and filed an appeal for subsequent completion on May 20, 2016, clearly stated in the record.

C. According to the above facts, since the defendant was unaware of the service of the judgment of the court of first instance without negligence, it constitutes a case where the peremptory period cannot be observed due to a cause not attributable to him, and the appeal of this case is lawful by satisfying the requirements for subsequent completion of litigation, as it was filed within two weeks from the date the defendant knew that the original copy of the judgment of the court of first instance was served by service by public notice.

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