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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
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 of this case, 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, he/she may file an appeal for subsequent completion within two weeks after such cause ceases to exist.
The term "after the cause has ceased to exist" 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 judgment was delivered by public notice. Thus, barring any other special circumstances, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when he/she read the records of the case or received
(2) According to the records of the instant case, the court of first instance may acknowledge the fact that (a) the Defendant served a duplicate of the complaint against the Defendant and the notice of the date for pleading by public notice, and (b) served the Defendant on September 20, 2017, and the original copy of the judgment also served on the Defendant by public notice; and (c) the Defendant was issued the original copy of the first instance judgment on November 23, 2017, and then filed an appeal for subsequent completion with the court of first instance on December 5, 2017.
According to the above facts, the defendant could not be able to observe the period of appeal, which is a peremptory term, because he did not know the progress and result, etc. of the lawsuit of this case due to a cause not attributable to himself, as the copy, original copy, etc. of the complaint of this case were served by public notice. Thus, the appeal of this case filed within two weeks from the time the defendant received the original copy of the judgment of the court of first instance by satisfying the requirements
2. Judgment on the merits
A. The plaintiff.