1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

1. Article 173(1) of the Civil Procedure Act provides that “Where a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date on which such cause ceases to exist.” In this context, the term “reasons for which the party cannot be held liable” means the reasons why the party could not observe the period, even though he/she performed the duty of care generally required for conducting the litigation.

However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant

(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). The first instance court served the Defendant with a copy of the complaint, a written application for change of the purport of the claim and the cause of the claim, and a written notice of the date for pleading by public notice, and rendered a judgment accepting the Plaintiff’s claim on December 18, 2018 after the pleading was made. The original copy of the judgment of the first instance court also served on the Defendant by public notice and served the original copy of the judgment on November 20, 2018, and becomes effective as service on November 20, 2018. The fact that the Defendant filed the instant appeal on May 21, 2019 is apparent in the record.

Therefore, the defendant's appeal of this case was filed within two weeks from the date when the defendant knew that the judgment of the court of first instance was served by public notice.