1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. In the first instance court, the Plaintiff filed a claim against B and the Defendant respectively, and the first instance court accepted all of the Plaintiff’s claims.

Since this Court appealed only against the defendant, this Court will decide only on the plaintiff's claim against the defendant.

2. Whether a subsequent appeal is lawful;

A. If a copy, original copy, etc. of a complaint was served by service by public notice, barring special circumstances, the defendant was unaware of the service of the judgment without negligence, and 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 an appeal to correct it within two weeks after such cause ceases to exist.

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, instead of simply knowing the fact that the said judgment was delivered by public notice. Barring special circumstances, 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 a new original of the judgment.

B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).

According to the records of this case, the first instance court served a copy of the complaint against the defendant by public notice and the notice of the date for pleading, etc. on December 9, 2016, and served the plaintiff's claim on December 15, 2016. The original copy of the judgment was also served on the defendant by public notice on December 15, 2016. The defendant becomes aware of the existence of the first instance judgment only after being served with the Ulsan District Court's notice of ruling 2017TTTT 100300 on January 25, 2017. The defendant was issued a certified copy of the first instance judgment on February 6, 2017 and became aware that the first instance judgment was served by public notice, and the defendant was issued a certified copy of the first instance judgment.