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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 written complaint of 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 after
Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the said judgment was delivered by public notice. Thus, barring any other special circumstance, it should 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 the original copy
(2) On January 10, 2013, the court of first instance rendered a judgment accepting the Plaintiff’s claim on February 15, 2019 after serving a copy of the complaint and notice of date for pleading, etc. on the Defendant by public notice, and served the Defendant by public notice. The original copy of the judgment was also served on the Defendant by public notice. On October 7, 2019, the Defendant received the written questioning document No. 2019Kau12143 and became aware of the fact that the first instance judgment was rendered on October 11, 201 and received the original copy of the first instance judgment and filed the appeal of this case on the 11st of the same month, and the fact that the Defendant received the original copy of the first instance judgment and filed the appeal of this case was obvious.
Examining the above facts in light of the legal principles as seen earlier, the Defendant could not comply with the peremptory period for filing an appeal due to a cause not attributable to him, and the Defendant filed an appeal to supplement the instant case on October 11, 2019, on which the cause ceases to exist.