1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Article 173(1) of the Civil Procedure Act provides, “Where a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date such cause ceases to exist,” and “reasons not attributable to the party” in this context refers to the reasons why the party could not comply with the period even though he/she performed the duty of care generally required for conducting the litigation, even though he/she performed the duty of care.

However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant.

(2) According to the records of this case, the court of first instance (see, e.g., Supreme Court Decision 2005Da27195, Nov. 10, 2005). The court of first instance (see, e.g., Supreme Court Decision 2005Da27195, Nov. 10, 200) rendered a judgment that served a notice of the date of pleading on the Defendant by public notice and accepted the Plaintiff’s claim on Jun. 8, 2017, and served the original copy of the judgment to the Defendant by means of service by public notice. The Plaintiff was aware of the judgment of the first instance court of this case on December 14, 2018, and the Defendant was issued with the original copy and execution clause of the first instance judgment, and filed the instant appeal on Dec. 24,

Therefore, the defendant's appeal of this case was filed within two weeks from the date when the defendant knew that the judgment of the court of first instance was served by public notice.