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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Whether a subsequent appeal is lawful;
A. Article 173(1) of the Civil Procedure Act provides that "if a party is unable to observe 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." In this context, "reasons for which the party cannot be held liable" means the reasons why the party could not observe the period even though he/she has performed the duty of due care to conduct procedural acts, even though he/she had performed the duty
However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was sentenced without knowing the fact that the lawsuit is pending from the beginning and the defendant became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory period for filing an appeal due to
(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). B.
According to the records of this case, the first instance court served a duplicate of the complaint against the defendant and the notice of date for pleading by public notice, and served a judgment citing the plaintiff's claim on April 27, 2017, and served the original copy of the judgment to the defendant by public notice. The defendant becomes aware of the judgment of the first instance court of this case that should be around November 30, 2017, and can recognize the fact that the defendant filed the appeal of this case on November 30, 2017.
Therefore, the defendant's failure to observe the peremptory period of filing an appeal is due to a cause not attributable to the defendant. Thus, the defendant was served by public notice of the first instance judgment.