1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Whether a subsequent appeal is lawful;

A. If a copy of the complaint of related legal principles and the original copy of the judgment 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 was unable to comply with the peremptory period due to a cause not attributable to him/her, and thus, he/she is entitled to file an appeal for subsequent completion within two weeks 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, rather than the time when the party or legal representative becomes aware of the fact that the judgment was delivered by public notice. In ordinary cases, barring any special circumstance, 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 was perusal of

B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).

Judgment

The Plaintiff filed the instant lawsuit against the Defendant on May 26, 2016, and the first instance court served a duplicate of the complaint and the litigation guide on July 6, 2016 on the Defendant’s domicile, but did not serve as a closed door absence; the Plaintiff submitted an application for night service on July 28, 2016 and submitted an application for night service on July 29, 2016, which was impossible due to other reasons; the first instance court served a copy of the complaint against the Defendant and a notice on the date for pleading, etc. by public notice; and rendered a judgment accepting the Plaintiff’s claim against the Defendant on October 5, 2016; the original copy of the judgment was served to the Defendant by public notice on October 7, 2016; and the Defendant received an original copy of the judgment on November 23, 2016 and filed an appeal by public notice on July 28, 2016; and thereafter, the judgment was served on the Defendant by public notice and the date of pleading.