Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

1. If a copy of a complaint of determination as to the legitimacy of a subsequent appeal and the original copy of the judgment were served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant is unable to observe the peremptory term due to a cause not attributable to him/her, and thus, he/she is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist." "after the cause ceases to exist" refers to the time the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any other special circumstance. Thus, it shall be deemed that the party

(See Supreme Court Decision 2010Da75044 Decided January 10, 2013). On August 14, 2019, the first instance court served a copy of the complaint against the Defendant and a notice of date for pleading, etc. by public notice, and served the Plaintiff with a judgment in favor of all the Plaintiff on August 14, 2019, and served the original copy of the judgment to the Defendant by public notice. The Defendant was unaware of the facts of the instant lawsuit and the judgment of the first instance on October 31, 2019, with the knowledge that the facts of the instant lawsuit were perused and the original copy of the judgment was issued on November 4, 2019, the fact that the first instance court filed the instant appeal on November 4, 2019 is significant or recognized by the record.

According to the above facts, it is reasonable to view that the defendant could not observe the period of appeal, which is a peremptory term, because he was unaware of the progress and result of the lawsuit in this case due to a cause not attributable to himself. Thus, the defendant raised within two weeks from the date of knowing that the judgment of the court of first instance was pronounced.