The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

1. Determination on the legality of the subsequent appeal

A. Article 173(1) of the Civil Procedure Act provides, “If a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date such cause ceases to exist.” Here, the term “reasons not attributable to the party” means the reasons why the party was unable to observe the period even though he/she had performed the duty of care generally required for conducting the litigation, even though he/she had been

However, barring any special circumstance, barring any special circumstance, the Defendant’s failure to observe the peremptory period of filing an appeal should be deemed as attributable to a cause not attributable to the Defendant, if the judgment was rendered without knowing the fact that the Defendant had been pending, and only after the original copy of the judgment was served to the Defendant by public notice and became aware of such fact.

(See Supreme Court Decision 2005Da27195 Decided November 10, 2005). 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 means of service by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was delivered by public notice. Barring any special circumstances, barring any other special circumstance, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when the party or legal representative inspected the records of the case or received new original copy

B. (See, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006).

According to the records of this case, the first instance court of this case served a duplicate of the complaint and the notice of the date of pleading on each service by public notice to the defendant, and rendered a judgment citing the plaintiff's claim on July 11, 2017, and the original copy of the judgment also served on the defendant by public notice, and the defendant shall be the defendant.