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1. Of the judgment of the court of first instance, KRW 448,790 against the Plaintiff and its related thereto from May 9, 2010 to August 16, 2018.
Reasons
1. If a copy of the complaint, an original copy, etc. of the judgment were served by public notice as to the legitimacy of the appeal of this case, barring any special circumstance, 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/her and thus, he/she may file an appeal for subsequent completion within two weeks after such cause ceases to exist.
The term "after the cause has ceased to exist" refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the judgment was delivered by public notice. Thus, barring any other special circumstances, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when he/she read the records of the case or received
(2) According to the records of the instant case, the court of first instance rendered a judgment accepting the Plaintiff’s claim on June 9, 2010 and served the Defendant by means of service by public notice, and the original copy of the judgment was also served to the Defendant by public notice, and after being issued the original copy of the judgment of the first instance on September 10, 2017, the Defendant filed a subsequent appeal with the court of first instance on the same day after being issued the original copy of the judgment of the first instance 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 term, because he did not know the progress and result, etc. of the lawsuit of this case due to a cause not attributable to himself, as the copy, original copy, etc. of the complaint of this case were served by public notice. Thus, the appeal of this case filed within two weeks from the time the defendant received the original copy of the judgment of the court of first instance by satisfying the requirements
2. Judgment on the merits
(a)the cause of the claim;