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. Determination on the legitimacy of a subsequent appeal

A. Article 173(1) of the Civil Procedure Act provides that if a party is unable to comply with the peremptory period due to a cause not attributable to him/her, he/she may supplement the procedural acts within two weeks from the date such cause ceases to exist. Here, "reasons not attributable to the party" refers to the grounds for failure to comply with the period despite the party's duty of care generally required to conduct procedural acts. In cases where the original copy of the judgment was delivered to the defendant by means of service by public notice, barring any special circumstance, the defendant shall be deemed not to have been aware of the delivery of the judgment without negligence. In such cases, if the defendant had already been aware of the fact that the lawsuit was pending, the defendant shall not be deemed to have been negligent unless the defendant was aware of the fact that the lawsuit was pending, but the defendant was sentenced without knowing from the beginning, and the original copy of the judgment was delivered to the defendant by means of service by public notice, and the defendant becomes aware of such fact, barring any special circumstance, the service by the defendant shall be deemed to have been made at the place of service or service by public notice (see Supreme Court Decision 2015Da1510.