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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
1. If the service of a copy of a complaint, original copy of judgment, etc. of subsequent appeal was made by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance. In such a case, the defendant is unable to observe the peremptory term due to a cause not attributable to him/her and thus, the defendant 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. "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 circumstance, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice
(2) The court of first instance rendered a judgment in favor of the Plaintiff on March 11, 2011 after serving a copy of the complaint, notification of the date for pleading, etc. to the Defendant by public notice, and serving the Defendant on the date for pleading, etc. on January 10, 2013 (see, e.g., Supreme Court Decision 201Da7504, Apr. 14, 201). On March 17, 2011, the original judgment also served on the Defendant by public notice; and the Defendant received a certified copy of the judgment on April 14, 2016, and filed an application for perusal or reproduction of the records of the instant case on April 25, 2016.
Therefore, the Defendant could not comply with the period of appeal, which is a peremptory term, due to the Defendant’s failure to know the progress and result of the instant lawsuit due to a cause not attributable to himself, and thus, the Defendant filed within two weeks from April 14, 2016, which became aware of the fact that the first instance judgment was served by means of service by public notice, upon receiving a certified copy of the judgment and requesting perusal of the records of this case