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. If a copy of the complaint, an original copy, etc. of the judgment were served by public notice as to the legitimacy of the appeal for subsequent completion, 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, the appeal for subsequent completion may be filed within two weeks from the date on which such cause

The "date on which the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was rendered, and further the fact that the judgment was served by service by public notice is known.

In ordinary cases, only when a party or legal representative peruses the records of the case or receives a new original of the judgment, it shall be deemed that he/she became aware of the fact that the judgment was served by public notice.

(See Supreme Court Decision 2004Da8005 Decided February 24, 2006. The judgment of the court of first instance was rendered after a copy of the complaint and the date of pleading, etc. were served by means of public notice, and the original copy of the judgment was also served on the Defendant by means of service by public notice. The fact that the Defendant was issued the original copy of the judgment of the court of first instance on May 20, 2020 and the Defendant submitted the written appeal of this case to the court of first instance on May 26, 2020 is apparent in the record.

According to the above facts, the defendant was unable to observe the appeal period due to the failure of the court of first instance to know that the judgment was served by service by public notice without negligence.

Since the Defendant filed a subsequent appeal within 2 weeks from the time when he became aware of the fact that the judgment of the first instance was served by public notice, the instant subsequent appeal is lawful.

2. Judgment on the merits

A. In full view of the purport of the entire pleadings in the evidence Nos. 1 through 18, and No. 26 of the judgment as to the cause of the claim, the registration of the business (publication) was completed in the name of the Defendant around March 25, 2014, with the trade name “C”.