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. Whether a subsequent appeal is lawful;

A. If the original copy, the original copy, etc. of a complaint was served by service by public notice, barring special circumstances, 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, he/she may file an appeal to correct it within two weeks after such cause ceases to exist.

Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that a judgment was rendered by means of service by public notice, rather than the time when the said judgment became known (see, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006).

In light of the aforementioned legal principles, the court of first instance served the instant case on the Defendant by means of service, such as a duplicate of the complaint against the Defendant, a notice of the date of pleading, etc., and served on the Defendant by public notice, and rendered a judgment accepting the Plaintiff’s claim on May 22, 2019, and the fact that the Defendant was issued an authentic copy of the judgment of the first instance on June 19, 2019

Thus, the defendant's judgment of the first instance court was known that it was served by public notice only after June 19, 2019. Thus, barring any special circumstance, the appeal of this case filed on June 28, 2019, which is within two weeks from that time is lawful.

C. As to this, the Plaintiff received an order against the Defendant to file a lawsuit against the Plaintiff on March 21, 2019, which was subject to the order of provisional seizure against real estate by using the instant retirement allowance claim as the preserved claim, and the Plaintiff submitted a certificate of continuous presence to the court on March 27, 2019, and the copy of the order of lawsuit reached the Defendant on March 29, 2019. The Defendant knew that the instant lawsuit is pending in the court of first instance at that time.

Nevertheless, the defendant's failure to observe the period of appeal due to the fact that the defendant does not know the progress of the lawsuit in this case is the defendant's responsibility.