1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

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1. Determination on the legality of a subsequent appeal

A. Article 173(1) of the Civil Procedure Act provides, “If a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date on which such cause ceases to exist.” In this context, the term “reasons for which the party cannot be held liable” refers to the causes for which the party could not observe the period even though he/she had performed the duty of care generally to conduct the litigation

However, barring any special circumstance, barring any special circumstance, the Defendant’s failure to observe the peremptory period of filing an appeal should be deemed as attributable to a cause not attributable to the Defendant, if the judgment was rendered without knowing the fact that the Defendant had been pending, and only after the original copy of the judgment was served to the Defendant by public notice and became aware of such fact.

(See Supreme Court Decision 2005Da27195 Decided November 10, 2005). B.

According to the records of this case, the first instance court of this case sent a copy of complaint and the notice of date for pleading to the defendant by public notice, and rendered a judgment citing the plaintiff's claim against the defendant on November 27, 2014 after the pleading was in progress, and the original copy of the judgment was also delivered to the defendant by public notice. The defendant becomes aware that the original copy of the judgment of this case was delivered by public notice around May 9, 2019, and that the judgment of this case was sent by public notice, and that the defendant filed an appeal for subsequent completion on May 15, 201.

C. Examining the above facts in light of the legal principles as seen earlier, the Defendant was unable to observe the period of appeal due to a cause not attributable to the Defendant, and the instant appeal for subsequent completion was filed within two weeks from the date on which the cause ceases to exist, and thus, the instant appeal for subsequent completion satisfies the requirements for subsequent completion of litigation and is lawful.

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