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1. The judgment of the first instance, including the claim extended by the plaintiff in the trial, shall be modified as follows:
The defendants are the defendants.
Reasons
The main point of the parties’ assertion as to the legitimacy of the appeal is that the appeal filed by the second week on February 13, 2015 against the Defendants was unlawful, since at least the Defendants knew of the fact that the first instance court was sentenced on November 2014.
On the other hand, the Defendants were unable to receive certain documents related to the instant lawsuit, and the authentic copy of the judgment was also subject to service by public notice, and were aware of the fact that the Plaintiff filed the lawsuit. On February 9, 2015, the lower court issued a certified copy of the judgment of the first instance on February 9, 2015 in relation to the case of property specification by public notice, and thus, they asserted that the instant appeal constitutes a case where the Defendants could not comply with the filing period due to a cause not attributable to the Defendants.
Judgment
In a case where service of a copy of a complaint, the authentic copy of a judgment, etc. was made by public notice, barring special circumstances, the defendant is unable to comply with the peremptory period due to a cause not attributable to himself/herself, barring any negligence, and thus, a subsequent appeal may be filed within two weeks after such cause ceases to exist.
The phrase "after the cause has ceased to exist" refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by means of service by public notice, and further, it is reasonable to deem that the party or legal representative was aware of the fact that the judgment was served by public notice only when the party or legal representative read the records of the case or received the original copy of the judgment, barring any special circumstance.
(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). The Plaintiff applied against the Defendants for a payment order seeking the payment of the agreed amount with the Chuncheon District Court’s Gangwon-si branch, and indicated the Defendants’ address as “Gangwon-si I,” and the said court issued a payment order (2014j73) on January 21, 2014.