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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. An appeal to determine whether an appeal for subsequent completion is lawful shall be filed within two weeks from the date on which the written judgment is served, and the above period shall be a peremptory period;
(Article 396 of the Civil Procedure Act). Meanwhile, in a case where a party was unable to comply with the peremptory term due to a cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date such cause ceases to exist
(1) Article 173(1) of the same Act provides that “A party’s failure to comply with the peremptory period for filing an appeal shall be deemed as a cause not attributable to the defendant, barring any special circumstance, if the defendant was found to have become aware of the existence of the lawsuit without knowing from the beginning the fact that the lawsuit was pending and the original copy of the judgment became final and conclusive after being served to the defendant by means of service by public notice, barring any special circumstance.
(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). According to the records of this case, the first instance court rendered a judgment in favor of the Plaintiff on July 23, 2009 and delivered the original copy of the judgment to the Defendant by means of service by public notice after serving a duplicate of the complaint, notification of the date of pleading, etc. to the Defendant by public notice. The Defendant can recognize the fact that the appeal of this case was filed on April 6, 2018.
Therefore, as long as there is no evidence to deem that the Defendant had already been aware of the fact that the judgment of the first instance was rendered by the Defendant before April 6, 2018 and that the judgment was served by public notice, the Plaintiff is the Defendant’s co-defendant C’s partner, who was an employee of the company run by the husband H of the first instance trial. The Plaintiff filed a separate lawsuit against the Defendant, etc. around the first instance trial of this case.