The appeal is dismissed.

The costs of appeal are assessed against the defendant.

1. If a copy of the petition of appeal and the summons of the date of pleading were served by public notice to the appellant to determine whether the appeal is lawful, and the original copy of the judgment was served by public notice, the appellee was unaware of the fact that the appellate procedure was in progress, and barring any special circumstance, the appellee was unaware of such fact. Thus, the appellee was unaware of the service of the judgment without negligence. In such a case, the appellee was unable to comply with the peremptory period due to a cause not attributable to him, and thus, he was able to make a subsequent appeal within two weeks from the date on which such cause ceases to exist.

(1) According to the records, etc., the lower court rendered a judgment on October 14, 2015, after serving a copy of the petition of appeal in this case and a notice of the date for pleading by public notice on September 15, 2015 with respect to the Defendant, on May 30, 1997, and on the records, etc. (see, e.g., Supreme Court Decisions 95Da21365, May 30, 201; 2015Da32509, Sept. 15, 2015). In so doing, the lower court revealed that the Defendant was issued a certified copy of the instant judgment with respect to the lower judgment on January 7, 2016, the period for filing an appeal against the lower judgment, and submitted it to the lower court on January 21, 2016, which does not exceed two weeks thereafter.

Examining these facts in light of the legal principles as seen earlier, since the Defendant appears to have been unaware of the service of the lower judgment without negligence, it was impossible to comply with the peremptory period due to any cause not attributable to the Defendant, and the Defendant obtained a certified copy of the lower judgment and submitted a written completion of the trial within two weeks from the time when he became aware of such fact, the instant appeal

2. According to Article 3 of the Trial of Small Claims Act as to the grounds of appeal, determination as to whether or not a small case violates the Constitution of the Rules of Law, the Rules of Order, or the Rules of Order or Disposition, is unfair.