The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of litigation shall be borne by the plaintiff.

the purport and purpose of the claim;

1. The legality of the subsequent appeal;

A. Article 173(1) of the Civil Procedure Act provides that “If a party was unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts in which he/she neglected within two weeks from the date of his/her exhaustion due to the absence of such cause.” Here, the term “reasons for which the party cannot be held liable” refers to the reasons why the party could not observe the period even though he/she fulfilled the duty of due care to perform the procedural acts, even though he/she did not perform

In this regard, if the defendant was sentenced to a judgment without knowing the fact that the lawsuit had been pending from the beginning and the defendant became aware of such fact only after the defendant was served on the defendant by means of serving a public notice, barring any special circumstance, it shall be deemed that the defendant's failure to observe the peremptory term of filing an appeal is due to any cause not attributable to the defendant (see Supreme Court Decision 2005Da27195, Nov. 10, 2005, etc.). (B) As to the instant case, the public health department, the first instance court, served the plaintiff on December 8, 2017 by serving the notice of the main office of the complaint against the defendant and the date of pleading on each public notice and served the plaintiff with the notice of the date of pleading on each public notice, and the judgment ruling also served on the defendant by means of serving the public notice. However, the defendant becomes aware of the fact that the first instance judgment was pronounced on September 30, 2019, and the record or completion of this case's appeal is obvious.

(c)

Examining the above facts in light of the above legal principles, the defendant failed to observe the peremptory period for filing an appeal due to reasons not attributable to himself.

The appeal of this case is legitimate since it was filed within two weeks from the date the defendant became aware that the judgment of the court of first instance was served on the public notice, and it satisfies the requirements for subsequent supplementation of the litigation.

2. Basic facts

A. The defendant.