1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

1. Determination on the legality of 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, instead of simply knowing the fact that the said judgment was delivered by public notice. Barring special circumstances, 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 party or legal representative inspected the records of the case or received a new original of the judgment.

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

According to the records of this case, the court of first instance may recognize the fact that the court rendered a judgment that fully accepts the Plaintiff’s claim on August 30, 2012 after serving a copy of the written application for payment order, notification of date of pleading, etc. on the Defendants by public notice, and then serving the Defendants with the original copy of the judgment by public notice on September 5, 2012, and the Defendants filed an appeal subsequent to September 4, 2015, upon being aware that the first instance judgment was served by public notice on September 1, 2015.

Therefore, the Defendants could not comply with the peremptory appeal period, which is the peremptory period, due to reasons not attributable to them. Thus, the subsequent appeal filed within two weeks from the date the judgment of the first instance became final and conclusive is lawful.

2. Determination as to the cause of action

(a) the whole pleadings are written in each entry of Gap evidence 1 to 3 (including branch numbers, if any);