1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Determination on the legitimacy of a subsequent appeal (determination on the plaintiff's defense prior to the merits of the case)

A. The plaintiff did not serve the defendant's registered domicile, etc., and the first instance court proceeded with the defendant through service by public notice, which is due to the defendant's responsible cause. Thus, the defendant's appeal for subsequent completion is unlawful.

B. Article 173(1) of the Civil Procedure Act provides, “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 procedural acts neglected within two weeks from the date such cause ceases to exist.”

Here, the "reasons for which the parties cannot be held responsible" refers to the reasons why the parties could not observe the period even though they fulfilled their duty of care to conduct procedural acts.

However, in a case where the original judgment was served on the Defendant by public notice, barring any special circumstance, the Defendant shall be deemed to have failed to know the service of the judgment without fault. If the Defendant was sentenced from the beginning without knowing the continuation of a lawsuit and the Defendant became aware of such fact only after the original judgment was served to the Defendant by public notice, barring any special circumstance, it shall be deemed that the Defendant’s failure to observe the peremptory period for filing an appeal due to any cause not attributable to the Defendant.

(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). C.

According to the records of this case, the first instance court shall serve a notice of the complaint against the defendant as a copy of the complaint, the statement of lawsuit guidance, and the date of pleading on several occasions as the registered domicile of the defendant, but is not served due to the absence of closure, and shall serve the notice by public notice, and shall, after proceeding the pleading, render the judgment of the first instance court citing the plaintiff's claim on March 30, 2017, and