1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

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1. If a copy of the complaint and the original copy of the judgment regarding the legitimacy of the subsequent appeal of this case 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 a case, the defendant is unable to comply with the peremptory term due to a cause not attributable to him/her and the defendant is entitled to file a subsequent appeal within two weeks (30 days where the cause ceases to exist in a foreign country at the time the cause ceases to exist) from the date on which the cause ceases to exist (Article 173(1) of the Civil Procedure Act). Here, the "date on which 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, and further, the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, unless there are other special circumstances.

(2) According to the records, the court of first instance ordered the service of the defendant by public notice on January 8, 2014, and ordered the defendant to be served by public notice, and then the court of first instance rendered a judgment in favor of the plaintiff on February 20, 2014. The original copy of the judgment was also served on the defendant by public notice on February 27, 2014. The defendant was not aware of the fact that the judgment of first instance was pronounced, and the defendant was issued with the original copy of the judgment by public notice at the first instance court on July 29, 2015. It can be recognized that the fact that the court of first instance was served by public notice only after the defendant was not aware of the fact that the original copy of the judgment was served by public notice on July 29, 2015.

Therefore, the appeal filed by the Defendant subsequent completion of the instant case is a legitimate appeal which is filed within the lawful appeal period and satisfies the requirements for subsequent completion of procedural acts.

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