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. 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) On February 24, 2006, the court of first instance ordered the Defendant to serve by public notice on April 24, 2006 (see, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006). The record reveals that on May 25, 2006, the court of first instance rendered a judgment in favor of the Plaintiff on May 11, 2006 after serving a notice of the date of pleading by public notice, and served the original copy of the judgment to the Defendant by public notice on May 25, 2006. The Defendant was unaware of the fact that the Defendant left the United States and resided in the Republic of Korea on October 12, 200, and was unaware of the fact that the first instance judgment was pronounced on February 3, 2014, the Suwon District Court of Korea, which filed against the Defendant’s mother, based on the above judgment, ordered the Plaintiff to serve by public notice.