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. Determination on the legitimacy of the subsequent appeal

A. Inasmuch as an original copy of the judgment was served by public notice according to the order of the presiding judge, even if it did not meet the requirements, the service thereof remains effective, and the above judgment becomes final and conclusive formally with the lapse of the period of appeal. The propriety of an appeal to the above judgment ought to separately determine whether the failure to observe the period of appeal would result from a cause for which the appellant is not responsible (see, e.g., Supreme Court Decision 2001Da3039, Jul. 27, 2001). “Grounds for which a party cannot be responsible” under Article 173(1) of the Civil Procedure Act refers to the grounds for failure to comply with the said period, notwithstanding the due diligence to perform procedural acts, even though the parties were unable to comply with the said period, and thus, it is difficult to serve a document by public notice from the first date of appeal to the parties by public notice (see, e.g., Supreme Court Decision 201Da30339, Apr. 16, 201).