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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. We examine the legitimacy of the subsequent appeal of this case ex officio as to the legitimacy of the subsequent appeal of this case.
If a copy of the complaint, original copy of the judgment, etc. were served by service by 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 is unable to comply with the peremptory period due to a cause not attributable to him/her, and thus, he/she is entitled to file an appeal by up to two weeks (30 days if the cause ceases to exist in a foreign country at the
Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the said judgment was delivered by public notice. Barring any 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 only when the party or legal representative inspected the records of the case or received the original copy of
(2) On December 11, 2012, the court of first instance rendered a judgment in favor of Plaintiff on December 20, 2012, when it rendered a public notice of a copy of the complaint and the date of pleading against the Defendant by means of service by public notice (see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 201). On December 20, 2012, the court of first instance rendered a judgment in favor of Plaintiff on December 20, 2012, and the original copy of the judgment was served on the Defendant by public notice and served on the Defendant by public notice and became effective as of December 22, 2012; the Defendant was aware of the existence of the first instance judgment on November 27, 2013 at the hearing date of Suwon District Court 201Kadan1019, etc.; on December 6, 2013, the court can peruse the records of the instant case or receive the original copy of the judgment.
The above fact of recognition.