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The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport.
Reasons
1. Determination on the legitimacy of a subsequent appeal
A. Article 173(1) of the Civil Procedure Act provides that "if a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts in his/her negligence within two weeks from the date on which such cause ceases to exist." In this context, "reasons for which the party cannot be held liable" refers to the grounds for not being able to observe the period despite the party's duty of care generally required to conduct procedural acts. In cases where the original copy of the judgment was delivered to the defendant by service by public notice, barring any special circumstance, the defendant shall be deemed not to be aware of the service of the judgment without negligence. Unless the defendant was aware of the continuation of the lawsuit from the beginning, and the original copy of the judgment was delivered to the defendant by public notice, and the defendant was aware of such fact only after service by public notice and the original copy of the judgment became final and conclusive, it shall be deemed that the defendant's failure
(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). B.
According to the records, the court of first instance may recognize the fact that the defendant was issued the original copy of the judgment on March 11, 2020, and the defendant submitted a written appeal for subsequent completion against the judgment of the first instance court on the 12th of the same month after both a duplicate of the complaint and a written notice of date for pleading were served by public notice, and on September 14, 2018, the court rendered a judgment in favor of the plaintiff on September 19, 201, and the original copy of the judgment was also served to the defendant by public notice.
According to the above facts, the defendant was unable to comply with the appeal period due to the failure of the first instance court to know that the judgment was served by public notice without negligence.