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1. In accordance with the amendment of the purport of the claim in the trial, the judgment of the first instance is modified as follows.
The Defendants respectively.
Reasons
1. If a copy of a complaint as to the legitimacy of the subsequent appeal and the original of the judgment were served by public notice, 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 is entitled to file an appeal for subsequent completion within two weeks from the date such cause ceases to exist.
Here, the term “the date on which such cause ceases to exist” refers to the time when a party or legal representative becomes aware of the fact that the judgment was served by means of service by public notice, instead of simply knowing the fact that the said judgment was served by public notice. 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 copy
(2) On January 10, 2013, the lower court rendered ex officio a judgment on April 5, 2018, when both a copy of the complaint and a notice on the date for pleading, etc. against the Defendants were served by public notice. The judgment was also served on the Defendants by public notice on April 7, 2018. Defendant B was issued the original copy of the judgment of the first instance court on May 21, 2018, and the Defendants filed an appeal for the instant subsequent completion on May 31, 2018, and the record is obvious or significant.
According to the above facts, it is reasonable to view that the Defendants could not observe the period of appeal due to a cause not attributable to the Defendants, as they were unaware of the fact that the judgment of the court of first instance was served by public notice without negligence until May 21, 2018, which was issued the original copy of the judgment of the court of first instance by the court of first instance. Thus, the appeal of this case filed on May 31, 2018, before the lapse of the two weeks period.