1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Determination on the legitimacy of a subsequent appeal

A. Unless there are special circumstances, if the original copy of a complaint and the original copy of a judgment were served by service by public notice, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. Here, "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice. Thus, in ordinary cases, unless there are other 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

(See Supreme Court Decision 2004Da8005 Decided February 24, 2006, and Supreme Court Decision 2013Da41318 Decided October 17, 2013, etc.) B.

On November 22, 2018, the court of first instance rendered a judgment accepting the Plaintiff’s claim on November 22, 2018 after serving a copy of the complaint against the Defendant, a notice of the date of pleading, etc. by public notice, and proceeding for pleadings. The original judgment also served on the Defendant by public notice. On January 25, 2019, the Defendant became aware that the judgment of first instance was served by public notice by perusal upon being issued an authentic copy of the judgment of first instance on January 25, 2019, and that the Defendant filed a subsequent appeal on January 30, 2019

According to the above facts, it is reasonable to view that the defendant was unable to observe the period of appeal, which is the peremptory period, because he was unaware of the progress and result of the instant lawsuit due to a cause not attributable to him. Since the defendant filed an appeal for subsequent completion within two weeks from the date of knowing that the judgment of the court of first instance was served by public notice