1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

If a copy of a complaint for judgment on the legitimacy of an appeal for subsequent completion, an original copy of judgment, etc., was served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant may file an appeal for subsequent completion within two weeks (30 days if the ground for appeal ceases to exist in a foreign country at the time when the ground for appeal ceases to exist) after it ceases to exist because it was impossible to comply with the peremptory period

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, rather than the time when the party or legal representative becomes aware of the fact that the judgment was delivered by public notice. Thus, barring any 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

(1) According to the records, the first instance court rendered a judgment in favor of the Plaintiff on February 4, 2020 after serving both a copy of the complaint and a notice of the date of pleading, etc. on the Defendant by public notice. The original copy of the judgment also served on the Defendant on February 6, 2020 by means of service by public notice. On March 5, 2020, the Defendant received a written peremptory notice of the application for confirmation of the amount of litigation costs regarding the instant case (Seoul Kimcheon District Court Branch 2020Ka10363), and only served on the Defendant on March 5, 2020, it is recognized that the first instance court filed an appeal of this case on March 16, 2020.

According to the above facts, the defendant filed an appeal on March 16, 2020, from March 5, 2020, which he became aware that the judgment of the court of first instance was served by public notice. Thus, the appeal of this case is lawful.

. The basic facts;