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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. First of all, the determination on the legitimacy of a subsequent appeal is based on the following: (a) if a copy of the complaint and the original copy of the judgment were served by means of service by public notice as to the legitimacy of the subsequent appeal, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance; and (b) in such a case, the defendant may file a subsequent appeal within two weeks (30 days where the grounds were in a foreign country at the time the grounds cease to exist, if the grounds cease to exist) after they ceased to exist; and (c) “after the grounds cease to exist” refers not to the time when the parties or legal representatives knew of the fact that the judgment was served by public notice, but to the time when the parties or legal representatives knew of the fact that the judgment was served by public notice, barring any special circumstance, when the parties or legal representatives inspected the records of the case or received new original copy of the judgment by public notice.
(1) According to the records, the court of first instance rendered a judgment that fully accepts the Plaintiff’s claim on November 9, 2018, after the first instance court served a duplicate of the complaint against the Defendant and a notice of the date for pleading by public notice, and served the Defendant by public notice on November 15, 2018. The Defendant also served the original copy of the judgment on the Defendant by public notice at the first instance court on January 4, 2019. The fact that the first instance court was sentenced to the judgment and became aware of the fact that the judgment was served by public notice on the Defendant on the ground that the Defendant filed an application for perusal and duplication of the trial records with the first instance court on January 4, 2019, and that the Defendant filed an appeal of this case on January 9, 2019, before two weeks have elapsed since that date.
Thus, the defendant is not aware of the progress and result of the lawsuit of this case for reasons not attributable to himself.