대여금
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. Whether a subsequent appeal is lawful;
A. On March 17, 2014, the court of first instance rendered a judgment citing the Plaintiff’s claim on March 17, 2014 after delivering a duplicate of the instant complaint to the Defendant and a notice of date for pleading by public notice, and subsequently, rendered a judgment citing the Plaintiff’s claim, and served the original copy of the judgment to the Defendant by public notice. After which the Defendant was issued the original copy of the judgment on January 25, 2018, and inspected the record of the first instance trial on February 1, 201
Therefore, the appeal of this case filed by the Defendant within two weeks from January 25, 2018, which became aware of the fact that the judgment of the first instance was served by public notice was served by public notice, is lawful. 2. The parties’ assertion
A. The Plaintiff, upon the introduction of Nonparty D, lent KRW 5 million to C on March 30, 2010 at the maturity of September 30, 2010 and interest rate of KRW 20% per annum, and at the time, the Defendant jointly and severally guaranteed the Defendant’s obligation to C. Since C did not repay the above loan, the Defendant is jointly and severally liable to pay the above loan and delay damages to the Plaintiff.
Defendant 1) On March 30, 2010, at the time of borrowing KRW 5 million from Nonparty E, the Defendant guaranteed C’s debt to Nonparty 1 at the time of borrowing KRW 5 million, but did not jointly guaranteed C’s debt to the Plaintiff. 2) Even if the Defendant jointly guaranteed C’s debt to the Plaintiff, C fully repaid the above loan to the Plaintiff, and the Plaintiff was aware of the fact that the said loan was paid in the premise of sexual traffic as a bond company, and thus, it is invalid as it constitutes illegal consideration and thus, the Plaintiff’s claim cannot be accepted. < Amended by Act No. 1014, Mar. 3, 2010>
A. We examine the following circumstances, which are acknowledged as comprehensively taking into account the entire purport of the pleadings in the statement of Dop, Gap (Evidence Documents, hereinafter "the loan certificate of this case"), and the defendant's signature and body of the "joint guarantor" column of the loan certificate of this case.