Text
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. 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 an appeal for subsequent completion 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). 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 May 12, 2014, and subsequently rendered a judgment in favor of the Plaintiff on October 15, 2014, after the notice of the date of pleading was served by public notice, and the original copy of the judgment was served to the Defendant by public notice on October 24, 2014. The Defendant was aware of the fact that the original copy of the judgment was issued at the first instance court on February 25, 2015, without knowing the fact that the judgment of first instance was pronounced, and became aware of the fact that the judgment of first instance was served by public notice only after the Defendant was issued the original copy of the judgment at the first instance court on February 25, 2015, and the fact that the first instance court submitted the instant petition of appeal after subsequent completion of March 6, 2015, which was the date two weeks elapsed can be recognized.
Therefore, the appeal filed by the defendant subsequent to the instant case is within the lawful appeal period and subsequently completed the procedural acts.