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 following facts of recognition are apparent in, or obvious to, the record:

1) On May 13, 2009, the Plaintiff filed the instant lawsuit against the Defendant seeking the payment of the loan. 2) On May 22, 2009, the court of first instance sent a certified copy of the decision on performance recommendation attached to the Defendant on May 22, 2009, but the Plaintiff was unable to serve due to the absence of the text, and on June 8, 2009, ordered the Plaintiff to rectify the address.

3) Accordingly, on June 12, 2009, the Plaintiff revised the service place to “Gui-si Da Da,” which is the Defendant’s domicile on the Defendant’s resident registration. 4) On June 19, 2009, the court of first instance sent the Defendant a certified copy of the decision of performance recommendation accompanied by the copy of the instant complaint to the Defendant on August 13, 2009 by the execution officer’s service method, but did not serve as the absence of closure and the director’s unknown whereabouts.

5) Accordingly, the Plaintiff filed an application for service by public notice on October 22, 2009. The court of first instance confirmed that the Defendant’s domicile was not changed on the Defendant’s resident registration, and then served the document of lawsuit, such as a duplicate of the complaint and a notice on the date of pleading, on December 7, 2009, and served the Plaintiff with a favorable judgment on December 10, 2009, and served the original copy of the judgment by public notice on December 10, 2009. Meanwhile, the Defendant received the original copy of the judgment on May 30, 2018, and submitted the instant petition of appeal to the court of first instance on June 18, 2018.

B. If a copy of the complaint of related legal principles and the original copy of the judgment were 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 was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she may file an appeal by up to two weeks (30 days if the cause ceases to exist abroad) after the cause ceases to exist.

The term "after the cause has ceased to exist" is not when the party or legal representative becomes aware of the fact that the judgment was rendered.