1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Whether a subsequent appeal is lawful;

A. Unless there are special circumstances, if the original copy of a complaint and the original copy of a judgment were served by service by public notice, the defendant was not aware of the service of the judgment without negligence. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice. In ordinary cases, unless there are other 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

(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). (B)

According to the records of this case, the first instance court served a notice of the complaint and the date of pleading by public notice on March 15, 2017 on the defendant and served the plaintiff's claim on March 15, 2017, and served the original copy of the judgment to the defendant by public notice. The defendant's legal representative submitted a letter of delegation of lawsuit to the first instance court on April 27, 2018 and received the original copy of the first instance judgment on May 1, 2018, and then filed an appeal for subsequent completion with the first instance court on May 8, 2018.

C. 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 by the Defendant’s attorney within two weeks from May 1, 2018, which was issued the authentic copy of the judgment of the first instance, is lawful by satisfying the requirements for subsequent completion of the litigation.

2. The cause of the action.