1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. If a copy of a written complaint for determination as to the legitimacy of an appeal for subsequent completion and the original copy of the judgment were served 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 is entitled to file an appeal for subsequent completion within two weeks after the cause ceases to exist because it falls under a case where the peremptory term cannot be complied with due to a cause not attributable to him/her, and thus, the term "after the cause ceases to exist" refers not to the case where the party or legal representative did not know of the fact that the judgment was served by public notice, but to the case where the party or legal representative knew of the fact that the judgment was served by public notice. Thus, barring any special circumstance, it shall be deemed that the party or legal representative becomes aware

(See Supreme Court Decision 2010Da75044 Decided January 10, 2013, etc.). According to the overall purport of the records and arguments in the instant case, the court of first instance served the Defendant with a copy of the complaint, notification of the date of pleading, etc. by public notice, and rendered a favorable judgment on December 10, 2014, and rendered a favorable judgment of the Plaintiff. The original copy of the judgment was served on the Defendant by public notice.

However, the Defendant did not know that the judgment of the first instance court was served by public notice. On February 8, 2015, the Defendant became aware of the fact that the Defendant’s child became aware of the fact that the judgment of the first instance court was rendered by delivering the Defendant’s child to the Defendant on February 8, 2015, and submitted an appeal for subsequent completion on February 12, 2015, which is within two weeks thereafter.

Thus, the defendant was unable to observe the appeal period due to the lack of knowledge of the fact that the judgment of the court of first instance was delivered without negligence, so the judgment of the court of first instance shall be made by service by public notice.