1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Determination on the legitimacy of a subsequent appeal

A. If a copy, original copy, etc. of a complaint was served by 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 may file an appeal to correct it within two weeks (30 days if the reason was in a foreign country at the time when the reason ceases to exist) after it ceased to exist because it was impossible to comply with the peremptory period due to a cause not attributable to him/her.

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 delivered by public notice, instead of simply knowing the fact that the said judgment was delivered by public notice. Thus, barring any other special circumstance, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the party or legal representative inspected the records of the case or received the original copy

(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). (B)

In the instant case, the Plaintiff applied for a payment order against the Defendant on March 6, 2014 as Busan District Court Decision 2014Guj3634, but the said court rendered a decision to refer the payment order to the Defendant as the original copy of the payment order sent to his/her domicile on the Defendant’s resident registration was unable to be served, and accordingly, in the instant lawsuit, the said court rendered a decision to refer the order to the litigation procedure. When the duplicate of the complaint sent to the Defendant’s resident registration address was unable to be served, the said court served the original copy of the complaint on the Defendant’s resident registration and made a pleadings by service by public notice. On September 30, 2014, “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from July 31, 2014 to the date of complete payment.” The Defendant served the original copy of the first instance judgment with the Defendant by public notice. The certified copy of the judgment on November 19, 2014.