1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. If a copy of a written complaint for determination as to the legitimacy of an appeal for subsequent completion, and the original copy of the judgment, etc., were served 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 may file an appeal for subsequent completion within two weeks

Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that a judgment was rendered by means of service by public notice, not to mention the fact that the said judgment was served. In ordinary cases, barring any special circumstance, it shall be deemed that the party or legal representative has perused the relevant records or received the original copy of the judgment.

(See Supreme Court Decision 2004Da8005 Decided February 24, 2006) The first instance court served the defendant by means of service, such as a copy of the complaint against the defendant, a notice of the date of pleading, etc. against the defendant, and served the pleadings on October 27, 2009, and rendered a judgment accepting the plaintiff's claim against the defendant on October 27, 2009. The original copy of the judgment was served on the defendant by service by public notice on October 29, 2009, and the fact that the defendant received the original copy of the judgment on January 25, 2016 is significant in this court.

Unless there is evidence to deem that the Defendant had already known the fact that the judgment of the first instance was rendered and that the judgment was served by public notice, from February 4, 2016 to February 2, 2016, the Defendant could not be deemed unable to observe the period of appeal, which is the peremptory period, due to a cause not attributable to himself/herself, because he/she was unaware of the progress and outcome of the instant lawsuit, etc

The defendant's subsequent appeal is a legitimate appeal that satisfies the requirements for the subsequent completion of the litigation.

2. Judgment on the merits

A. The Plaintiff’s assertion is from around 2002 to around 2005 when operating the sales store of electronic equipment.