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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. First of all, the determination on the legitimacy of a subsequent appeal is based on the following: (a) the defendant was not aware of the service of the judgment without negligence if the service of the subsequent appeal was made by means of service by public notice: (b) the copy of the complaint, the original copy of the judgment, etc., as to the legitimacy of the subsequent appeal; and (c) the defendant was unable to comply with the peremptory period due to a cause not attributable to him, and thus, (d) the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist; and (b) the "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any special circumstances. In ordinary cases, it shall be deemed that the party or legal representative becomes aware of
(1) According to the records of this case and this court’s records, the first instance court rendered a judgment that accepted the Plaintiff’s claim on August 20, 2019, and issued the original copy of the judgment by public notice on September 17, 2019, and became aware that the judgment was delivered to the Defendant on September 17, 2019, and that the Defendant was delivered the original copy of the first instance judgment on September 17, 2019, and became aware of the fact that the judgment was delivered by public notice. The Defendant filed an appeal on September 19, 2019, before two weeks have elapsed from that date, prior to that date, on September 19, 2019.
Thus, the defendant was unable to observe the peremptory appeal period because he was unaware of the progress and result of the lawsuit of this case due to a cause not attributable to himself.
As such, it can be seen.