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. The facts under the following basic facts are remarkable or obvious in records to this court:

On May 7, 2014, the Plaintiff filed the instant lawsuit against C seeking payment of the card price, and then filed an application for correction of the indication of the Defendant, who is his heir, on the ground that C had already died before the instant lawsuit was filed.

B. On August 26, 2014, the first instance court served the Defendant with a duplicate of the instant complaint and the notice of the date for pleading by public notice, and served the pleadings, and declared a judgment accepting the Plaintiff’s claim on August 26, 2014. On August 28, 2014, the original copy of the first instance judgment served on the Defendant by public notice, and served on August 29, 2014.

C. On July 17, 2015, the Plaintiff filed an application with the Seoul Central District Court No. 2015Kao-5115 to specify the Defendant’s property with the title of enforcement of the first instance judgment.

On August 24, 2015, the above court rendered a decision to specify the property and served a certified copy of the decision to specify the property in which the defendant stated as the debtor and the title of execution "Seoul Northern District Court 2014DaDa30446, an executory exemplification of the credit card use payment case" as the title of execution, on August 31, 2015, and the defendant received it on August 31, 2015, and the defendant was present on the date of specification of property and submitted the list of property on the date of specification of property.

On April 30, 2018, the Defendant filed an application for perusal or duplication of the instant litigation records, and submitted the instant written appeal on May 8, 2018.

2. If a copy of the complaint and the original copy, etc. of the judgment were served by public notice as to the legitimacy of the appeal of this case, barring any special circumstance, the parties were unaware of the service of the judgment without negligence, and in such a case, the defendant is unable to comply with the peremptory period due to a cause not attributable to him/her and thus, a subsequent appeal may be filed within two weeks after such cause ceases to exist. The "after the cause ceases to exist" refers to the parties or legal representatives.