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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. If a copy of the complaint and the original copy of the judgment regarding the legitimacy of the subsequent appeal of this case were served by public notice, the defendant was not aware of the service of the judgment without negligence, unless there are special circumstances. In such a case, the defendant is unable to comply with the peremptory term due to a cause not attributable to him/her and the defendant is entitled to file a subsequent appeal within two weeks (30 days where the cause ceases to exist in a foreign country at the time the cause ceases to exist) from the date on which the cause ceases to exist (Article 173(1) of the Civil Procedure Act). Here, the "date on which 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, and further, the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, unless there are other special circumstances.
(2) According to the records, the court of first instance ordered the Defendant to serve the documents by public notice on August 14, 2013, and subsequently rendered a judgment in favor of the Plaintiff on September 9, 2013 after serving a notice of the date of pleading by public notice. The original copy of the judgment was served to the Defendant by public notice on September 12, 2013. The Defendant knew of the fact that the judgment of the first instance was served by public notice on the party to the relevant case on October 22, 2013, when he was living in Indonesia without knowing the fact that the judgment of the first instance was pronounced, and only after hearing from the party to the relevant case on October 22, 2013, the court of first instance became aware of the fact that the judgment of the first instance on himself was served by public notice, which is within 30 days thereafter, submitted the petition of appeal after subsequent completion of the appeal.
Therefore, the defendant's subsequent completion of the case.