The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

the purport and purpose of the claim;

1. Determination on the legitimacy of the subsequent appeal

A. The Plaintiff’s assertion filed a complaint against the Defendant who did not repay the money in 2016 with the charge of fraud. Accordingly, the Defendant was investigated by the racing police station.

Since the defendant becomes aware of the fact that the judgment of the court of first instance was served by means of public notice in the police investigation process, the appeal of subsequent completion of the case raised 14 days thereafter shall be governed by the law.

B. If the original copy of the complaint of related legal principles and the original copy of the judgment were served by means of public notice, 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 term due to a cause not attributable to him/her and thus, he/she was unable to file an appeal for subsequent completion within two weeks from the date of extinguishment due to

Here, the term “the date when there is no reason” refers to the time when a party or legal representative becomes aware of the fact that the judgment was rendered by means of public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by means of public notice. Barring any special circumstances, the party or legal representative becomes aware of the fact that the judgment was served by means of public notice only when the party or legal representative inspected the records or received

It should be viewed (see Supreme Court Decision 2004Da8005 delivered on February 24, 2006, etc.). C.

1) The following facts are apparent or obvious in records to this court:

① On October 18, 2011, the Plaintiff filed the instant lawsuit against the Defendant with the first instance court.

② On February 9, 2012, the first instance court rendered a judgment in favor of the Plaintiff on February 9, 2012 after serving the Defendant a duplicate of the complaint, the guide of the lawsuit, and the notice of the date of pleading by public notice.

On February 14, 2012, the first instance court served the defendant with an authentic copy of the judgment by means of public notice and served the original copy of the judgment on February 14, 2012.

(3)