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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. Determination on the legitimacy of a subsequent appeal
A. In the first instance court’s argument, the Plaintiff’s complaint, etc. was unable to serve as the Defendant’s domicile on the Defendant’s resident registration, and served by public notice. However, the Seoul Southern District Court Decision 2017TTTTTT109037 (hereinafter “instant seizure order”) sent to the Defendant’s domicile on the Defendant’s resident registration at the time, and the Defendant’s mother, E received the instant seizure order on September 29, 2017.
Therefore, since the defendant was aware of the pronouncement of the judgment of the court of first instance through E around that time, it cannot be deemed that the defendant failed to observe the period of appeal due to a cause not attributable to the defendant, and the subsequent appeal of this case is unlawful.
B. Determination 1) If a copy of a complaint and the original copy of judgment were served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant is unable to comply with the peremptory period due to a cause not attributable to him/her, and thus, he/she is entitled to file a subsequent appeal within two weeks (30 days if the cause ceases to exist in a foreign country at the time the cause ceases to exist) after the cause ceases to exist. Here, the term “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, and barring any other 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 inspected the records of the case or received the original copy of the judgment by public notice (see Supreme Court Decision 2010Da7504, 75051, Jan. 10, 2013).