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. Determination on the legitimacy of a subsequent appeal

A. Unless there are special circumstances, if a copy of the complaint of related legal principles and the original copy of the judgment were served by service by public notice, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant is unable to comply with the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. Here, "after 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 becomes aware of the fact that the judgment was served by public notice. In ordinary cases, unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice

B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).

Judgment

1) On July 22, 2011, the Plaintiff filed an application for payment order against the Defendant on July 2, 201 with Busan District Court 201j1430, but the above court rendered a decision to refer to the litigation procedure when the original copy of the payment order sent to the Defendant’s domicile was impossible to be served due to the Defendant’s resident registration; ② the lawsuit brought up by this court (in the Busan District Court 2012DaMa521, the above court delivered the Defendant the notice of the date of pleading by public notice; ② the court rendered a favorable judgment on April 26, 2012; ③ the delivery of the original copy of the judgment of the first instance to the Defendant by public notice; ④ the Defendant was issued with the authentic copy of the judgment of July 22, 2017; ④ the record of the fact that the appeal of this case was filed on the same day, or is apparent or obvious.

C. Accordingly, the Defendant was issued the original copy of the judgment of the first instance court on July 22, 2017, and the judgment of the first instance court was rendered.