The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date such cause ceases to exist.” Here, the term “reasons not attributable to the party” refers to the reason why the party was unable to comply with the period, even though the party performed his/her duty of care to perform the litigation, although he/she performed the duty of care to do so.

However, barring any special circumstance, barring any special circumstance, the Defendant’s failure to observe the peremptory period of filing an appeal should be deemed as attributable to a cause not attributable to the Defendant, if the judgment was rendered without knowing the fact that the Defendant had been pending, and only after the original copy of the judgment was served to the Defendant by public notice and became aware of such fact.

(See Supreme Court Decision 2005Da27195 Decided November 10, 2005). 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 means of service by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was delivered by public notice. Barring any special circumstances, barring any other special circumstance, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when the party or legal representative inspected the records of the case or received new original copy

(See Supreme Court Decision 2004Da8005 Decided February 24, 2006, etc.). According to the records of this case, the first instance court of this case served the defendant with a notice of a copy of the complaint and the date of pleading by each service by public notice, and rendered a judgment accepting the plaintiff's claim on September 20, 2017 after the pleading was made. The original copy of the judgment also served on the defendant by public notice, and the defendant.