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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
Unless there exist special circumstances, if a copy of a complaint of determination as to the legitimacy of a subsequent appeal and an original copy of the judgment were served by service by public notice, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance. In such a case, the defendant falls under the case where the defendant was unable to observe the peremptory period due to a cause not attributable to him/her and thus, he/she 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) after the cause ceases to exist. Here, the term “after 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, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any special circumstances.
(1) According to the records, the court of first instance rendered a judgment in favor of the Plaintiff on March 9, 2018, after serving a copy of the complaint, notice of the date for pleading, etc. to the Defendant by public notice, and subsequently serving the Defendant on the date for pleading. The original judgment also served on the Defendant by public notice. The Defendant was issued the original judgment on July 23, 2018, and the Defendant submitted the subsequent appeal on July 27, 2018.
Thus, the defendant was unable to observe the peremptory appeal period because he was unaware of the progress and result of the lawsuit of this case due to a cause not attributable to himself.
Therefore, the appeal of this case filed within two weeks from the date the defendant obtained an original copy of the judgment and became aware of the fact that the judgment of the first instance was served by means of service by public notice is lawful.
Basic Facts
The facts without dispute, each entry in Gap 1 through 4, and Eul 6 shall have a number.