1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

The main point of the Plaintiff’s argument regarding the legitimacy of the subsequent appeal is that the Defendant filed a subsequent appeal after the lapse of two weeks from the time when the first instance judgment became aware of the fact that it was served by public notice. As such, the Defendant’s appeal is unlawful.

Judgment

An appeal shall be filed within two weeks from the date on which the written judgment has been served.

Provided, That even before the service of the written judgment may be made.

The above period is a peremptory term.

(Article 396 of the Civil Procedure Act). In a case where a party is unable to comply with the peremptory period due to a cause not attributable to him, he may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.

, however, the period shall be thirty days for the parties in a foreign country at the time such cause ceases to exist.

(Article 173(1) of the same Act. If a copy, original copy, etc. of a complaint 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, the defendant is entitled to file an appeal for subsequent completion within two weeks (30 days if the cause ceases to exist in a foreign country at the time when the cause ceases to exist) after

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 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 a new original of the judgment.

(see, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006). The following facts can be recognized by this Court either significantly or comprehensively taking account of the respective descriptions of evidence Nos. 9 and 10 and the purport of the entire pleadings.