1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

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

1. Article 173(1) of the Civil Procedure Act provides that where a party could not observe the peremptory period due to a cause not attributable to him/her, he/she may supplement the procedural acts by neglecting his/her duty of care within two weeks from the date on which such cause ceases to exist. Here, "reasons not attributable to the party" means that the party could not observe the period even though he/she performed his/her duty of care to conduct procedural acts, even though he/she fulfilled his/her duty of care to do so.

However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant

(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). According to the records of this case, the court of first instance rendered a judgment in favor of the Plaintiff on January 23, 2015, and the original copy of the judgment was served to the Defendant by public notice, and the fact that the Defendant did not have perused the records of this case or received the original copy of the judgment prior to filing an appeal to complete the instant case on December 24, 2015 is recognized.

Therefore, the defendant was unable to comply with the peremptory period of the appeal due to any cause not attributable to him, and the appeal was filed within two weeks from the date on which such cause ceases to exist, which is a legitimate appeal satisfying the requirements for the subsequent completion of the litigation.