1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination on the legality of the subsequent appeal

A. Unless there are special circumstances, if a copy of complaint, original copy of judgment, etc. were served by service by public notice, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant is unable to comply with the peremptory period due to a cause not attributable to him, and the defendant is entitled to file a subsequent appeal within two weeks (30 days if the cause ceases to exist in a foreign country at the time the cause ceases to exist) after the cause ceases to exist. Here, the term "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, and in ordinary cases, 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 new original copy of the judgment by public notice (see, e.g., Supreme Court Decision 96Da30427, Aug. 22, 1997). However, if the defendant knew of the fact that the judgment had been served by public notice, and there were no special circumstances exist.

(See Supreme Court Decision 98Da43533 delivered on February 9, 1999, etc.). B.

The following facts are recognized in full view of the purport of the entire pleadings in each statement of evidence Nos. 1, 2, and 3 of this Decree:

1. On November 30, 2007, the Plaintiff filed the instant lawsuit, and the court of first instance served the Defendant with a copy of the complaint, notification of the date of pleading, etc. by public notice, and rendered a favorable judgment of the Plaintiff on May 1, 2008.