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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
If a copy of a complaint of legal principles regarding the legality of a subsequent appeal and an original copy of judgment were served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance. In such a case, the defendant is unable to comply with the peremptory period due to a cause not attributable to him/her and the defendant is entitled to file a subsequent appeal within two weeks (30 days if the cause ceases to exist in a foreign country at the time the cause ceases to exist) after the cause ceases to exist. Here, the term "after the cause ceases to exist" refers to the time when the parties or legal representatives knew of the fact that the judgment was served by public notice, rather than the time when the parties or legal representatives knew of the fact that the judgment was served by public notice, barring any special circumstance. Thus, it shall be deemed that the parties or legal representatives become aware of the fact that the judgment was served by public notice
(1) The court of first instance rendered a judgment in favor of the Plaintiff on August 24, 2016, and rendered a favorable judgment on August 27, 2016, after serving a copy of the complaint, notification of the date for pleading, etc. to the Defendant by public notice, on January 10, 2013 (see, e.g., Supreme Court Decision 201Da7504, 75051). The fact that the original copy of the judgment on August 27, 2016 was served on the Defendant by public notice, and the Defendant received a certified copy of the judgment on February 2, 2017, and submitted the instant written appeal on the same day is apparent in the record.
Therefore, the Defendant could not comply with the period of appeal, which is a peremptory term, due to the Defendant’s failure to know the progress and result of the instant lawsuit due to a cause not attributable to himself. Therefore, the instant appeal filed within two weeks from February 2, 2017, which the Defendant received a certified copy of the judgment and became aware of the fact that the judgment of the first instance was served by public notice, is lawful.
Judgment
The judgment on the cause of the claim will be examined.