1. Of the judgment of the first instance, the Plaintiff’s KRW 900,000 against the Defendant and its related thereto from September 1, 2018 to December 10, 2019.

1. Article 173(1) of the Civil Procedure Act provides, “In the event a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty within two weeks from the date on which such cause ceases to exist if the original copy, etc. of the complaint are served by service by public notice.” Thus, unless there are special circumstances, the defendant was unaware of the service of the judgment without negligence. In such case, the defendant falls under the case where the defendant is unable to comply with the peremptory period due to a cause not attributable to him/her, and thus, he/she may file an appeal to supplement within two weeks

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 any other 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 the original

(2) The lower court’s judgment on January 15, 2019 (see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). In so doing, the lower court rendered a judgment that accepts the Plaintiff’s claim on January 15, 2019 by serving a notice of the complaint and the date for pleading on the Defendant by public notice. The original judgment also served on the Defendant by public notice, and the service became effective as of January 26, 2019 upon receipt of a certified copy of the first instance judgment on March 6, 2019, and the fact that the Defendant filed the instant appeal on March 7, 2019 is apparent or obvious.

According to the above facts, the defendant seems unable to observe the peremptory appeal period due to reasons not attributable to him, and the defendant seems to be unable to observe it.