1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Basic Facts

The following facts are apparent in the records or obvious to this court:

On January 29, 2009, the Plaintiff filed a lawsuit against the Defendant for the claim for the transfer money of this case. The first instance court that did not serve the documents of lawsuit against the Defendant due to the addressee's unknown or absence of a closed door, etc., sent the notice of the date of pleading by means of service by public notice, and sentenced the Plaintiff to the favorable judgment on October 9, 2009, and the said judgment became final and conclusive as is.

On July 4, 2018, the defendant filed an appeal for the subsequent completion in the first instance court.

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 procedural acts neglected within two weeks from the date on which such cause ceases to exist.”

Where the judgment of the first instance was served by public notice, "the date on which the reason ceases to exist" in the above provision means the time when the defendant was not aware of the fact that the judgment was served by public notice, but the fact that the judgment was served by public notice. In ordinary cases, it should be deemed that the defendant became aware that the judgment was served by public notice only when the defendant read the records of the case or received the original judgment by

(See Supreme Court Decision 97Da20410 Decided October 24, 1997, etc.). However, when a plaintiff succeeding intervenor filed a lawsuit against the defendant for the extension of extinctive prescription (Seoul Northern District Court Decision 2017Gaso59670) and the defendant became aware of the existence of the judgment of the first instance, and the fact that the defendant voluntarily filed an application for delivery of the original judgment with the first instance court on May 23, 2018 and received it is obvious or obvious in the record of this court.

Thus, on May 23, 2018, the defendant received the original copy of the judgment, the judgment of the first instance was served by means of service by public notice.