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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
ex officio, we examine the legitimacy of the appeal of this case.
If a copy, original copy, etc. of the complaint were served by public notice, the defendant was not aware of the service of the judgment without negligence, unless there are special circumstances.
In such cases, the defendant is not able to file an appeal for subsequent completion within two weeks after the cause has ceased to exist due to a cause not attributable to him/her.
Here, “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was served by public notice. Barring special circumstances, it shall be deemed that the party or legal representative became aware of the fact that the judgment was served by public notice only when the party or legal representative inspected the records of the case or received the original copy of the judgment.
According to the records of this case, the court of first instance may recognize the fact that the defendant received the original copy of the judgment of the first instance on August 3, 2015 on the same day by applying for the issuance of the original copy of the judgment on August 3, 2015, and the defendant filed an appeal of this case on November 11, 2015, after delivering the copy of the complaint of this case and the notice of the date of pleading to the defendant by public notice and proceeding for pleadings.
According to the above facts, when the defendant received the original copy of the judgment of the court of first instance on August 3, 2015, the defendant becomes aware of the fact that the judgment of the court of first instance was delivered by service by public notice.
However, since the Defendant filed the instant appeal on November 11, 2015, the instant appeal is unlawful, deeming that the instant appeal was filed after the lapse of the appeal period.
Therefore, the appeal of this case is dismissed, and it is so decided as per Disposition.