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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
The plaintiff asserts that the appeal of this case was unlawful because it was filed for a considerable period from the date when the cause for failing to comply with the peremptory period has ceased to exist, and that it did not meet the requirements for the subsequent completion.
If a copy of the complaint, original copy of the judgment, etc. were 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, he/she is entitled to file an appeal by up to two weeks (30 days if the cause ceases to exist in a foreign country at the
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. Barring any other special circumstances, 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 party or legal representative inspected the records of the case or received the original copy of
(1) According to the records, the first instance court rendered a favorable judgment against the Defendant on August 13, 2008, which rendered a judgment in favor of the Plaintiff on December 13, 2012 (see, e.g., Supreme Court Decisions 2012Da75000, Jan. 10, 2013; 2010Da7504, 75051, Jan. 10, 2013). The first instance court rendered a favorable judgment against the Defendant on January 16, 2015, on which the original copy of the judgment was served to the Defendant by means of service by public notice. On January 16, 2015, the Plaintiff, as the debtor, filed an application for a seizure and collection order with the former District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch, Han Bank Co., Ltd., Ltd., a third debtor bank, and No. 13355, Jan. 1, 2015>