beta
Text
1. The judgment of the first instance, including a claim that has been reduced in the trial, shall be modified as follows:
The plaintiff's claim.
Reasons
1. Determination on the legitimacy of a subsequent appeal
A. If a copy of the complaint, an original copy, etc. of the judgment were served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent appeal within two weeks after such cause ceases to exist
The term "after the cause has ceased to exist" refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the judgment was delivered by public notice. Thus, barring any special circumstances, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when the party or legal representative inspected the records of the case or received a new original of the judgment
(Supreme Court Decision 2010Da75044, 75051 Decided January 10, 2013). B.
Judgment
According to the records of this case, the first instance court rendered a judgment accepting all the plaintiff's claims against the defendant on May 12, 2016 after the plaintiff was brought a lawsuit by service by public notice, and served the defendant on May 17, 2016. The defendant received the original copy of the judgment on June 29, 2016 and received the original copy of the judgment on June 29, 2016 and became aware of the progress and result of the first instance court lawsuit and filed the appeal of this case on July 4, 2016.
According to the above facts, the defendant's failure to observe the peremptory period for filing an appeal is due to a cause not attributable to the defendant. Thus, the appeal of this case filed by the defendant within two weeks from the time the judgment of the court of first instance became served by service by public notice is lawful.
2. Basic facts
A. The Plaintiff is a liquor company that supplies beer and beer, etc., and the Defendant operates a mutual general restaurant in the name of “B” and operates alcoholic beverages.