구상금
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. On May 19, 2014, the court of first instance rendered a judgment in favor of the Plaintiff on May 29, 2014, after serving a copy of the complaint against the Defendant, notification of the date of pleading, etc. by service, and served the Defendant by means of service by public notice. The original copy of the judgment also served on the Defendant by means of service by public notice.
Therefore, the defendant was unable to comply with the peremptory period due to the reason that the defendant could not be held liable because he was unaware of the delivery of the judgment without negligence.
I would like to say.
According to the records, the judgment of the first instance court was rendered only when the defendant applied for perusal and duplication of the records of trial on June 13, 2016.
The appeal filed by the defendant on June 22, 2016, which was within 14 days from the above, is lawful as satisfying the requirements for subsequent completion of procedural acts.
2. According to Gap evidence Nos. 1 through 5 of the judgment on the cause of the claim (including the provisional number), and the purport of the entire pleadings, the co-defendant A of the first instance trial (hereinafter referred to as "A") concluded a credit guarantee agreement on March 20, 209 with respect to the obligation to repay loans granted from the National Bank of Korea by the plaintiff and A (hereinafter referred to as "A") on the guarantee limit of KRW 50,000,000,000 for the guarantee limit, and if the plaintiff subrogated to the financial institution due to the occurrence of the guarantee accident and the plaintiff subrogated to the financial institution, the interest rate for delay is 15% per annum; the defendant jointly and severally guaranteed the obligation of the above plaintiff; the plaintiff paid 28,929,470 won to the National Bank of Korea on August 13, 2012; and the plaintiff received 300,000 won from A.
Therefore, the defendant is jointly and severally with the plaintiff 27,836,170 won (28,929,470 won - 1,093,300 won) and 15% per annum under the agreement from August 23, 2012 to April 29, 2014, as the plaintiff is seeking.