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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. "51...." as referred to in paragraph (1) of the judgment of the court of first instance;
Reasons
1. If a copy of the complaint, original copy, etc. of the judgment were served by means of 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 is entitled to file an appeal for subsequent appeal within two weeks after such cause ceases to exist
Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was rendered by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice. Thus, barring any special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when he/she
(2) The court of first instance issued a written notice of a copy of the complaint and the date of pleading by public notice on January 10, 2013 (see, e.g., Supreme Court Decision 2010Da7504, 75051). The court of first instance rendered a judgment that fully accepts the Plaintiff’s claim on May 19, 2017 by serving the Defendant a notice of a copy of the complaint and the date of pleading by public notice. The original of the judgment was served on the Defendant on May 23, 2017 by means of service by public notice. The fact that the Defendant filed an application for perusal and duplication to this court on September 20, 2018 and appointed an attorney, and then submitted a written appeal for subsequent completion to this court on October 17, 2018 is significant in this court.
According to the above facts of recognition, since the defendant was issued an original copy of the judgment of the first instance court on September 20, 2018 and was deemed to have become aware of the fact that the judgment of the first instance was served by public notice, the defendant may file an appeal for subsequent completion until October 4, 2018, which is two weeks thereafter.
Nevertheless, the defendant filed an appeal on October 17, 2018 after the expiration of 13 days from the defendant, which is 14 days from the time when a cause not attributable to him ceases to exist.