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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Article 173(1) of the Civil Procedure Act provides, “In a case where 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 negligence within two weeks from the date on which such cause ceases to exist, and in a case where the original copy, etc. of the complaint and the original copy, etc. of the judgment were served by public notice, barring any special circumstance, the defendant was unable to be served without negligence. In such a case, the defendant is unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent completion within two weeks from the time such cause ceases to exist.” "after the cause ceases to exist." "after the cause ceases to exist" means not only the case where the party or legal representative did not know of the fact that the judgment was served by public notice, but further, barring any special circumstance, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the original copy was inspected or received by
(See Supreme Court Decision 2004Da8005 Decided February 24, 2006, etc.). The first instance court served a copy of the complaint against the Defendant and the date of pleading, etc. by each service by public notice, and declared a judgment accepting the Plaintiff’s claim on December 19, 2019 after the pleading was made. The original copy of the judgment also served on the Defendant by public notice. The Defendant perused the records of this case on February 17, 2020, and filed an appeal for subsequent completion on February 21, 2020 is obvious in the record.
Examining the above facts in light of the legal principles as seen earlier, the Defendant filed an appeal, which is a peremptory period, on the ground that the judgment of the first instance was unaware of the fact that the judgment was served by public notice without negligence.