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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
1. If a copy of a written complaint of determination as to the legitimacy of an appeal for subsequent completion, and the original of the judgment, etc., were served by public notice, the defendant was unaware of the service of the judgment without negligence, unless there are special circumstances. In such a case, the defendant falls under the case where the peremptory period is unable to be observed due to a cause not attributable to him/her and thus, an appeal for subsequent completion may be
Here, the term “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 means of service by public notice. Thus, barring any other special circumstance, when the party or legal representative peruses the records of the case or receives a new original of the judgment, the fact that the judgment was served by public notice ought to
(2) According to the records of the instant case, the Defendant, who received a copy of the judgment of the first instance on April 10, 2013, was served by public notice and the notice of the date for pleading was served, and thereafter, the first instance judgment was rendered. The original of the judgment also served on the Defendant by public notice, and the Defendant did not know the progress and result of the said lawsuit. On April 27, 2016, the court of first instance received the original of the judgment on April 19, 2016, and filed an appeal for subsequent completion on May 19, 2016. The Defendant was aware of the fact that the original of the judgment of the first instance was delivered on April 27, 2016, and was served by public notice of the first instance judgment by public notice. The Defendant filed an appeal on May 19, 2016, which had much exceeded two weeks thereafter, and thus, the Defendant’s appeal was unlawful after the completion of the appeal period.
2. Therefore, the defendant's appeal for the subsequent completion is dismissed. It is so decided as per Disposition.