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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.
Reasons
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
On April 1, 2015, the Plaintiff filed the instant lawsuit against the Defendant on April 1, 2015; the first instance court served a certified copy of the decision of performance recommendation and a written guidance of lawsuit on April 10, 2015 on the Defendant’s domicile; but was not served by mail; the Plaintiff submitted a written correction of address on April 28, 2015 and submitted a written correction of address on April 29, 2015 and became impossible for other reasons; the first instance court served a written correction of address on April 29, 2015; and the first instance court served a written judgment accepting the Plaintiff’s claim against the Defendant on June 22, 2015 by serving a copy of the written complaint, the date of pleading, etc. as a service by public notice; and the Defendant also served the Defendant by means of service on June 27, 2015 by serving the original copy of the judgment on August 9, 2016; and thereafter filed an appeal after completing the instant judgment’s delivery by public notice.