1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Article 173(1) of the Civil Procedure Act provides that where a party could not observe the peremptory period due to a cause not attributable to him/her, he/she may supplement the procedural acts by neglecting his/her duty of care within two weeks from the date on which such cause ceases to exist. Here, "reasons not attributable to the party" means that the party could not observe the period even though he/she performed his/her duty of care generally to conduct procedural acts, even though he/she fulfilled his/her duty of care to do so.

However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant

(2) According to the records of this case, the court of first instance rendered a favorable judgment against the Defendant on October 19, 2012, after serving a copy of the complaint and the notice of the date for pleading by public notice, on November 10, 2005 (see, e.g., Supreme Court Decision 2005Da27195, Nov. 10, 2005). According to the records of this case, it is recognized that the first instance court rendered a favorable judgment against the Defendant on October 19, 2012, and the original copy of the judgment also served on the Defendant by public notice. The Defendant’s perusal of the records of the first instance court on December 17, 2015 and filed an appeal for the subsequent completion on December 24

As above, the defendant was unable to comply with the peremptory period of the appeal due to a cause not attributable to himself, and filed an appeal for subsequent completion within two weeks from the date on which such cause ceases to exist, which is a legitimate appeal satisfying the requirements for subsequent completion of the litigation.