1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The legality of subsequent appeal;

A. In a case where a copy of a complaint of related legal principles and the original copy of the judgment were served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant was unable to observe the peremptory term due to a cause not attributable to him and thus, the defendant is entitled to file a subsequent appeal within two weeks after the cause ceases to exist. Here, the term “when 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 was simply aware of the fact that the judgment was served by public notice. Barring any special circumstance, in ordinary cases, the party or legal representative becomes aware of the fact that the judgment was served by public notice

B. (See, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006).

Judgment

The first instance court rendered a favorable judgment on September 16, 2014 after serving a copy of the complaint against the defendant and a notice of date for pleading by public notice, etc., and subsequently proceeding pleadings on September 16, 2014. The original of the judgment also served by public notice and became effective as service on September 19, 2014. The defendant submitted an application for perusal and duplication to the first instance court on January 24, 2017, submitted the original copy of the judgment on February 3, 2017, and received the original copy of the judgment on February 7, 2017, and the fact that the defendant filed an appeal subsequent to the subsequent completion of the case on February 7, 2017 is clear in the record

Therefore, it is reasonable to view that the defendant could not comply with the peremptory period due to a cause not attributable to him/her, and that he/she was aware that the judgment of the court of first instance was served by means of service by public notice only after inspecting the records of trial regarding the instant case on January 24, 2017. The appeal of subsequent completion filed within two weeks thereafter satisfies the requirements for subsequent completion of litigation.