1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Basic Facts

The following facts are significant or obvious to this court in terms of records:

On October 27, 2017, the Plaintiff submitted the instant complaint to the first instance court against the Defendant, and thereafter, the first instance court served a copy of the instant complaint, notice of the date for pleading, etc. on or around February 2018, upon issuing an order to correct the address, etc. to the Defendant by public notice.

On March 20, 2018, the Defendant appeared on the first day for pleading of the first instance court, and directly received a duplicate of the complaint of this case and a litigation guide, etc. from the said court, and thereafter, the first instance court served the Defendant with the notice of the conciliation date, the notice of the second or fourth date for pleading, and the notice of the sentencing date, etc. by the method of delivery, but the Defendant did not appear on each of the above dates.

The first instance court sentenced the judgment of the first instance on August 7, 2018, and sent the original copy of the first instance judgment to the defendant's domicile, but the original copy of the first instance judgment was not served on the defendant due to the absence of closure.

Accordingly, on August 20, 2018, the first instance court served a certified copy of the first instance judgment to the defendant by means of service by public notice, and on September 4, 2018, the said service by public notice became effective.

On December 13, 2018, the first instance court submitted a written appeal for the subsequent completion of the service by public notice to the Defendant, after the second appeal period of two weeks elapsed from the date on which the service by public notice became effective.

Defendant’s assertion as to the legitimacy of a subsequent appeal was served on the Defendant by public notice. Accordingly, the Defendant was aware of the fact that there was a first instance judgment after receiving the original copy of the first instance judgment around December 3, 2018. Accordingly, the subsequent appeal filed within two weeks thereafter is lawful.

Judgment

An appeal shall, in principle, be filed within two weeks from the date on which the written judgment of the court of first instance was served: Provided, That such reasons shall be limited to cases where the parties are unable to observe the peremptory period due to any cause not attributable to them after the period of appeal expires.