1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. According to the records of this case, the court of first instance rendered a judgment that partially accepted the Plaintiff’s claim on August 23, 2016 after serving a duplicate of the complaint against the Defendant, the date of pleading, the notice of the date of pleading, etc. on the Defendant by public notice, and then serving the Defendant by public notice, and the judgment became final and conclusive around that time. On February 27, 2017, the Defendant became aware of the fact that the judgment of the first instance was served by public notice only when he/she applied for perusal and duplication to this court on February 27, 2017, and received the original copy of the judgment after obtaining the original copy of the judgment by public notice, and on the same day,

According to the above facts, the defendant could not be able to observe the period of appeal, which is a peremptory period, because he was unaware of the progress and result of the lawsuit due to a cause not attributable to himself. Thus, the appeal filed within two weeks from the time the defendant became aware of the fact that the judgment of the court of first instance was served by public notice was filed within the lawful period of appeal, and is a lawful appeal that satisfies the requirements

2. Judgment on the merits

A. Basic facts (1) The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with D and E vehicles owned by it (hereinafter “Plaintiffs”).

(2) On June 7, 2005, the Defendant, along with B and C, stolen the Plaintiff’s vehicle parked in the F apartment 102 parking lot in Ulsan Metropolitan City, Dong-gu, Ulsan Metropolitan City, and damaged the Plaintiff’s vehicle due to an accident during operation.

(3) On June 15, 2005, the Plaintiff paid KRW 509,000 at the repair cost of the Plaintiff’s vehicle in accordance with the General Automobile Insurance Terms and Conditions.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts of determination, the plaintiff paid the above repair cost and acquired by subrogation the right to claim damages against the defendant. Thus, the defendant's above repair cost of 509,000 won and its corresponding amount.