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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. Judgment on the legitimacy of the subsequent appeal
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, instead of simply knowing the fact that the said judgment was served by public notice. 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 the party or legal representative was perused the records of the case, or received
(Supreme Court Decision 2013Da41318 Decided October 17, 2013). B.
According to the records of this case, the first instance court served a duplicate of the complaint against the defendant and notice of date for pleading, etc. by public notice, and tried to cite the plaintiff's claim on October 14, 2015. The judgment was served on the defendant on October 17, 2015 by means of service by public notice, and the judgment of the first instance court became final and conclusive on November 31, 2015. The defendant submitted a subsequent subsequent petition of appeal to the first instance court on December 11, 2015, and filed an application for perusal and duplication of the records of this case, and received the original copy of the judgment of the first instance.
According to the above facts, the defendant could not observe the peremptory appeal period, which is the peremptory period, due to reasons not attributable to the defendant. Thus, the subsequent appeal filed within two weeks from the date the court of first instance became aware of the fact that the judgment was served by public notice is lawful.
2. Judgment on the merits
A. The occurrence of liability for damages is recognized as one.