1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Determination on the legitimacy of the subsequent appeal

A. The Plaintiff’s assertion asserts that the instant subsequent appeal filed for two months thereafter is unlawful, since the Defendant knew that he/she received a telephone from the Plaintiff’s employee and was sentenced to a judgment of the first instance court around October 2016.

B. (1) Unless there are special circumstances, if a copy of the complaint and the original copy of the judgment were served by service by public notice, 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, and thus, the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. Here, "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than the time when the party or legal representative became aware of the fact that the judgment was served by public notice. In ordinary cases, barring any 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 he

(2) On December 17, 2013, the judgment of the first instance court was rendered on December 12, 2013, and the original copy of the judgment was served on the Defendant by public notice. On December 12, 2016, the Defendant was served on the Defendant a written examination of the case on the Non-performance List, etc. (see, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006). On December 23, 2016, the Defendant filed an appeal to complete the instant case on December 23, 2016, where the judgment of the first instance as executive title is served on the Defendant by public notice. The Defendant was issued a certified copy of the judgment of the first instance court on December 28, 2016.