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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
1..
Reasons
1. Whether the appeal is lawful after subsequent completion;
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 comply with the peremptory period due to a cause not attributable to him and the defendant may file an appeal after subsequent completion of two weeks from the date such cause ceases to exist (within 30 days if the cause ceases to exist in a foreign country at the time the cause ceases to exist). Here, the term "date the cause ceases to exist" refers not to the time when the party or legal representative was not simply aware of the fact that the judgment was served by public notice, but to the time when the fact that the judgment was served by public notice was known is the time when the party or legal representative was perused the records of the case or when the original copy of the judgment was received by
(see, e.g., Supreme Court Decision 2013Da41318, Oct. 17, 2013). B.
According to the records, the court of first instance rendered a judgment on July 3, 2015 after serving a copy of the complaint (payment order) and the notice of date for pleading, etc. to the defendant by public notice, and subsequently proceeding for pleadings on July 3, 2015. The original copy of the judgment also served on the defendant by public notice on July 7, 2015. The defendant becomes aware of the fact that the judgment of first instance was rendered at the latest, and then filed an appeal subsequent to the subsequent completion of the judgment on March 31, 2016. There is no evidence to deem that the defendant read the records of this case or received the original copy of the judgment of first instance by public notice on July 7,
According to the above facts, since the defendant was unaware of the service of the judgment of the court of first instance without negligence not later than two weeks prior to the filing of the above appeal, the defendant shall be able to observe the period of appeal due to any cause not attributable to him.