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 a complaint, original copy, etc. of the judgment were served by means of service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance. In such a case, the defendant is deemed unable to observe the peremptory period due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent completion within two weeks (30 days if the cause ceases to exist in a foreign country at the time of the extinguishment

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 (see, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006). However, the first instance court rendered a judgment accepting the Plaintiff’s claim on September 2, 2008 after serving a notice of the complaint, date of pleading, etc. on the Defendant by public notice, and served the original copy of the judgment to the Defendant by public notice. The fact that the Defendant filed an appeal for subsequent completion of the judgment on June 28, 2019 and filed an appeal for the same day is apparent.

Thus, the defendant's appeal of this case is lawful as it was filed within two weeks from the date the defendant knew that the judgment of the court of first instance was served by service by public notice.

2. Facts of recognition;

A. On April 12, 1995, the Defendant: (a) filed an application with C (hereinafter “C”) to be present at a bank credit card member; (b) issued a credit card; and (c) delayed payment of credit card use payment from May 27, 2003 to October 24, 2003; and (c) the outstanding amount of the credit card use payment was KRW 11,962,238 (hereinafter “C bonds”).

B. In addition, the Defendant submitted an application for subscription to D Co., Ltd. (hereinafter “D”) on December 27, 2001 and issued a credit card and delayed payment from August 21, 2003 after using the credit card.