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1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date on which such cause ceases to exist.” In this context, the term “reasons for which the party cannot be held liable” means the reasons why the party could not observe the period, even though he/she performed the duty of care generally required for conducting the litigation.
However, in a case where the original judgment was served on the Defendant by public notice, barring any special circumstance, the Defendant shall be deemed to have failed to know the service of the judgment without fault. If the Defendant was sentenced from the beginning without knowing the continuation of a lawsuit and the Defendant became aware of such fact only after the original judgment was served to the Defendant by public notice, barring any special circumstance, it shall be deemed that the Defendant’s failure to observe the peremptory period for filing an appeal due to any cause not attributable to the Defendant.
(1) The court of first instance rendered a judgment accepting the Plaintiff’s claim on April 26, 2017, and served the Defendant by means of service by public notice on May 2, 2017, when comprehensively taking account of the records and the purport of the entire pleadings in this case. In full view of the records and the purport of the pleading, the court of first instance rendered a judgment accepting the Plaintiff’s claim on April 26, 2017, and served the Defendant with the original copy of the judgment by public notice on March 21, 2019. The Defendant, upon becoming aware of the fact that the first instance judgment was rendered on March 21, 2019, filed the appeal of this case on March 28, 2019, within two weeks thereafter.
In light of the aforementioned legal principles, the Defendant’s failure to observe the peremptory term of filing an appeal is due to any cause not attributable to the Defendant.