Text
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. Determination on the legitimacy of a subsequent appeal
A. If a copy, original copy, etc. of a complaint of related legal principles were served by service by public notice, barring special circumstances, the defendant shall be deemed not to have been aware of the service of the judgment without negligence, and in such a case, the defendant may file an appeal for the subsequent completion within two weeks from the date on which such cause ceases to exist because he/she was unable to comply with the peremptory period due to a cause not attributable
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
(See Supreme Court Decision 2019Da217179 Decided September 9, 2019, etc.). B.
Judgment
In full view of the facts and the purport of the entire pleadings in this court, it is recognized that the court of first instance rendered a judgment in favor of the Plaintiff on July 27, 2009, which rendered a judgment in favor of the Defendant on July 27, 2009, and that the original copy of the said judgment was also served on the Defendant by public notice, and that the Defendant is aware of the said judgment through compulsory execution, and that the said judgment was issued on July 25, 2019, and filed an appeal for subsequent completion on July 26, 2019, which is not more than two weeks thereafter.
According to the above facts, the defendant did not know that the judgment of the court of first instance was delivered by service by public notice without negligence, and thus could not observe the period of appeal due to a cause not attributable to the defendant. The defendant filed a subsequent appeal within two weeks from the date he became aware of the judgment of the court of first instance.