The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Determination on the legitimacy of a subsequent appeal

A. Unless there are special circumstances, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to make an appeal for subsequent completion within two weeks after such cause ceases to exist. Here, "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 service 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, barring any 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 the party or legal representative inspected the records of the case or received a new original of the judgment by public notice

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

Judgment

According to the purport of the records and the entire pleadings of this case, the Plaintiff filed the instant lawsuit against the Defendant on November 27, 2009 with the first instance court seeking payment of KRW 1,972,800 for the purchase price. The first instance court served documents, such as a copy of the complaint and the date of pleading, on the part of the Defendant, by means of service by public notice, and subsequently affirmed the first instance court’s judgment accepting the Plaintiff’s claim on January 26, 2010. ② The first instance court served the Defendant by means of service by public notice after receiving the authentic copy of the first instance judgment on November 5, 2019. After receiving the authentic copy of the first instance judgment on November 5, 2019, the Defendant submitted the instant written appeal for subsequent completion on November 6, 2019.

According to the above facts, the defendant could not observe the appeal period due to the lack of knowledge of the service of the judgment of the court of first instance without negligence.