1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Determination on the legitimacy of a subsequent appeal

A. If the original copy, the 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 is unable to comply with the peremptory period due to a cause not attributable to him/her and thus the defendant is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist

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, rather than the time when the party or legal representative becomes aware of the fact that the judgment was delivered by public notice. Barring any special circumstances, barring any special circumstance, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the records

(see, e.g., Supreme Court Decision 2013Da41318, Oct. 17, 2013). B.

According to the records, the court of first instance rendered a judgment in favor of the Plaintiff on June 24, 2009 after serving a copy of the complaint against the Defendant, the date of pleading, etc. by public notice, and proceeding for pleadings on June 24, 2009. The original copy of the judgment was also served on the Defendant by public notice. The Defendant received the original copy of the judgment on September 21, 2016 and became aware of the first instance judgment after receiving the original copy of the judgment from the bank around September 21, 2016. The Defendant filed a subsequent appeal on October 5, 2016, which was before the lapse of two weeks from the bank.

C. Therefore, the defendant was unable to observe the peremptory appeal period due to a cause not attributable to the defendant, and the subsequent appeal of this case was filed within two weeks after such cause ceases to exist, so the defendant's subsequent appeal of this case is lawful.

2. Determination as to the cause of action

(a) the Foundation F (hereinafter referred to as the “Foundation”);