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. Whether a subsequent appeal is lawful;

A. If a copy, 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 was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she may file an appeal to correct it 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 other special circumstances, in ordinary cases, 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 he/she

(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). (B)

The court of first instance served a duplicate of the complaint of this case on the domicile entered in the original copy and abstract of the defendant's resident registration; however, served by public notice; the court of first instance thereafter served a notice of the date of pleading on the defendant by public notice and served the plaintiff's claim on April 25, 2016; and the original copy of the judgment also served on the defendant by public notice and served on the defendant on April 29, 2016; the defendant was issued a certified copy of the first instance court's judgment on June 29, 2016; and the fact that the defendant submitted the appeal of this case on October 18, 2016 is significant or obvious.

C. According to the above facts, it is reasonable to view that the defendant obtained a certified copy of the judgment of the court of first instance on June 29, 2016 and became aware of the fact that the judgment of the court of first instance was served by public notice, and the defendant's appeal for subsequent completion is the same.