1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Determination on the legitimacy of a subsequent appeal

A. The judgment of the first instance court of the Defendant’s assertion was rendered on June 20, 2014, and the original copy of the judgment was served on July 23, 2014 by public notice.

However, according to the records, the copy of the complaint of this case was directly served on April 19, 2014 by the defendant himself, but at the time, the defendant did not actually receive the copy of the complaint of this case.

Since then, the plaintiff had become aware of the existence of the judgment of the first instance court only after finding the defendant by requesting the plaintiff to pay the claim amount by a judgment without pleading of the court of first instance.

Therefore, since the defendant's appeal period was set due to a cause not attributable to the defendant, the appeal of this case by the defendant on August 21, 2014 is lawful.

B. 1) Article 173(1) of the Civil Procedure Act provides that "if a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts in his/her negligence within two weeks from the date on which such cause ceases to exist." The term "reasons for which the party cannot be held liable" refers to a cause for which the party could not comply with the period even though the party has exercised generally due diligence to do the procedural acts (see, e.g., Supreme Court Decision 2004Da2083, Mar. 12, 2004). Therefore, the legitimacy of the appeal to complete the appeal should be determined based on whether the failure to observe the period of appeal due to any cause not attributable to the appellant.

If a copy of the complaint and other documents are served on the defendant through service by public notice, and such judgment is also served on the defendant by public notice, if the defendant becomes aware of such fact thereafter, barring any special circumstance, that failure of the defendant to observe the peremptory period for filing a complaint is caused by a cause not attributable to the defendant. However, the copy of the complaint shall be the same.