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1. The defendant's appeal is dismissed.
2. The costs of the lawsuit are assessed against the defendant.
Purport of claim and appeal
1..
Reasons
1. On April 26, 2019, the Plaintiff asserts to the purport that the instant appeal is unlawful, since the Plaintiff was aware of the existence of the judgment of the first instance court by being served with a seizure collection order based on the judgment of the first instance court of this case on April 26, 2019, since the lawful period of appeal for subsequent completion was up to May 10, 2019, when 14 days have passed since the period of appeal for subsequent completion was filed on May 13, 2019.
Unless there are special circumstances, the defendant was not aware of the service of the judgment without negligence, in the event that the document of the judgment was served by public notice, the copy of the complaint, the original copy of the judgment, etc., 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
Here, the term “the date on which such cause ceases to exist” 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, instead of simply knowing the fact that the judgment was served by public notice. Barring any special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the party or legal representative inspected the records of the case or received a new original copy
(1) According to the records, the court of first instance rendered a judgment that fully accepts the Plaintiff’s claim on January 13, 2015, and served the Defendant by public notice on January 16, 2015, after serving a duplicate of the complaint against the Defendant and a notice of the date for pleading by public notice. The court of first instance received a certified copy of the judgment by filing an application for perusal or reproduction of the judgment of the first instance court of this case on April 29, 2019, after serving the Defendant with a notice of the date for pleading by public notice.