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. Article 173(1) of the Civil Procedure Act provides, “If the parties concerned were unable to comply with the peremptory period due to any cause not attributable to them, the litigation may be supplemented within two weeks from the date on which such cause ceases to exist.” In the case where the first instance judgment was served by public notice, the term “where such cause ceases to exist” under Article 173(1) of the Civil Procedure Act refers to the time when the defendant was not simply aware of the fact that the judgment was served by public notice, but the fact that the judgment was served by public notice was served by public notice. In ordinary cases, the defendant shall be deemed to have become aware of the fact that the judgment was served by public notice only when the records of the case was perused by public notice or when the original judgment was received by public notice. However, if it is deemed that the defendant was aware of the fact that the judgment was made by public notice and there were special circumstances to automatically recognize the fact that the judgment was served by public notice, and it shall be deemed that the cause not attributable to him has ceased to exist by means of such public notice.

(2) The court of first instance rendered a judgment in favor of the plaintiff on March 5, 2004 and delivered the original copy of the judgment by public notice to the defendant on August 1, 2003, when the plaintiff received a credit card payment claim against the defendant on August 1, 2003 (hereinafter "claim of this case"), and applied for a payment order (Seoul Western District Court 2003j16882). In the litigation proceedings performed upon the plaintiff's application for lawsuit, the court of first instance delivered the documents related to the lawsuit, such as a duplicate of the complaint, to the defendant by public notice, and delivered the original copy of the judgment by public notice to the defendant on March 5, 2004.