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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 a copy of a complaint, an original copy, etc. of the judgment were served by means of 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 was 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 for subsequent completion within two weeks from the date such cause ceases to exist.
Here, the term “the date on which such cause ceases to exist” refers to the time when a party or legal representative becomes aware of the fact that the judgment was served by means of service by public notice, instead of simply knowing the fact that the judgment was served by public notice. Barring any 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 a new original copy
(2) On January 10, 2013, the court below rendered ex officio a judgment of the first instance on November 20, 2015, after both a health care unit, a copy of the complaint against the Defendant, and a notice on the date of pleading, etc. were served by public notice. The original copy of the judgment was served on the Defendant by public notice on November 25, 2015, and the Defendant received the original copy of the judgment of the first instance from the court of first instance on August 3, 2017, and filed the appeal of the instant case on August 11, 2017, is obvious or obvious in records.
According to the above facts, it is reasonable to view that the defendant could not observe the period of appeal due to a cause not attributable to the fact that the court of first instance was not aware of the fact that the original copy of the judgment of the court of first instance was delivered by public notice without negligence until August 3, 2017, which was issued by the court of first instance. The appeal of this case filed on August 11, 2017, which was before the second week period expires, is lawful.
2. The basic facts.