1. The part of the judgment of the first instance against the defendant, which exceeds the amount ordered to be paid under the following, shall be revoked.

1. Article 173(1) of the Civil Procedure Act provides, “If a party was unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts in his/her negligence within two weeks from the date on which such cause ceases to exist.”

“The reasons why the party cannot be held liable” here means the reasons why the party could not observe the period even though the party fulfilled its duty of care to conduct the procedural acts.

If the court of first instance delivered a notice to the defendant by means of public notice, barring any special circumstance, it shall be deemed that the defendant was unaware of the service of the judgment without negligence, and if the defendant was sentenced without knowing the fact that the lawsuit was in progress and the defendant became aware of such fact only after the original decision was served to the defendant by means of public notice service, barring any special circumstance, it shall be deemed that the failure of the defendant to observe the peremptory period for filing an appeal is due to a cause not attributable to the defendant (see, e.g., Supreme Court Decision 2005Da27195, Nov. 10, 2005). According to the records of this case, the court of first instance shall serve the defendant with the notice of a copy of the complaint and the date of pleading as the method of service of each public notice and the proceedings for pleadings on April 11, 2019, and the judgment was served to the defendant on April 13, 2019 as part of the plaintiff's claim, and such notice also became final and conclusive on June 26, 2019.

Therefore, the Defendant’s appeal for the subsequent completion of the instant case is filed within two weeks from the date on which the Defendant became aware that the judgment of the first instance court was served and satisfies the requirements for subsequent completion of the litigation.