1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination on the legitimacy of a subsequent appeal

A. Unless there are special circumstances, if a copy of complaint, original copy of judgment, etc. were served by service by public notice, the defendant was not aware of the service of the judgment without negligence. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist" "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was served by public notice. In ordinary cases, unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of

B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).

In light of the above legal principles, the first instance court served a copy of the complaint against the defendant, notification of the date for pleading, etc. by public notice, and served the plaintiff's claim on November 27, 2007, and served the original copy of the judgment on November 27, 2007. The defendant was served on the defendant by public notice on January 11, 2018, when he knows that the plaintiff was served with a copy of the complaint again filed for the extension of prescription, and the judgment of the first instance court was served on January 16, 2018, when he knew that the judgment of the first instance court was served by public notice, it is evident in the record that the defendant filed a subsequent appeal on January 16, 2018, when two weeks have elapsed since the court knew that the judgment of the first instance court was served by public notice

2. The plaintiff's assertion and judgment

A. The gist of the assertion is that the Plaintiff is below reinforced concrete construction works among the construction of a glass factory located in Macheon City C from the Defendant.