1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination as to the legitimacy of the subsequent appeal of this case

A. If the original copy, the original copy, etc. of a complaint was served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant is unable to observe 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.

In addition, the term “the date on which a cause ceases 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, rather than the time when the party or legal representative becomes aware of the fact that the judgment was delivered by public notice. Thus, barring any special circumstance, 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 was

B. (See, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006).

In the instant case, a copy of the complaint against the Defendant and the notice of date for pleading was served by public notice, and the litigation procedure was initiated, and on May 24, 2011, the judgment of the court of first instance rendered in favor of the Plaintiff was also rendered, and the original copy of the judgment is also the same.

6.8. The fact that the defendant was served on the defendant by public notice, the defendant was issued a certified copy of the judgment of the first instance on August 26, 2016, and the fact that the appeal of this case was filed with the court on August 29, 2016 is obvious in records or is significant in this court.

On June 30, 2016, the Defendant: (a) filed an application with the Busan District Court 2016TTT13190 for the seizure and collection order as to the Defendant’s claim against B; and (b) received the seizure and collection order on July 4, 2016; and (c) on August 22, 2016, the first instance judgment was rendered on August 22, 2016 where the original copy of the decision on the seizure and collection order was served on the garnishee B.