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. The fact that the first instance court, as to the legitimacy of an appeal to complete completion, served a copy of the complaint against the defendant and a notice of date for pleading, etc. by public notice to the defendant, and subsequently served the plaintiff's claim against the defendant, and then served the original copy of the first instance judgment to the defendant by public notice; the defendant was aware of the fact that the first instance court was sentenced on October 23, 2015; and the fact that the defendant filed an appeal to complete completion on October 28, 2015 is apparent in records.
According to the above facts, the Defendant could not comply with the peremptory period due to a cause not attributable to the Defendant, and the Defendant filed a subsequent appeal from October 23, 2015 to December 23, 2015, which became aware of the fact that the judgment of the first instance was served by public notice. Thus, the Defendant’s subsequent appeal is lawful.
2. Judgment on the merits
A. On October 16, 2013, the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “A”) of the first instance trial concluded an agreement on installment financing (hereinafter “instant agreement”) between the Plaintiff and the Plaintiff on a monthly installment amounting to KRW 1,523,382 for vehicles with vehicle numbers C, vehicle price of KRW 67,445,00,00 (hereinafter “instant vehicle”) in 2014.
(2) The joint and several sureties of the instant agreement refers to the name of the defendant who was a representative of A, and the defendant’s seal is affixed thereto.
(3) A delayed the payment of the installment under the instant agreement, and on March 24, 2014, the principal and interest payable as of March 24, 2014 are KRW 44,234,608 (= principal KRW 41,466,783 + overdue interest + KRW 2,767,825).
[Reasons for Recognition] Evidence Nos. 1 through 4, Evidence No. 8-2, Evidence No. 9, Evidence No. 11, and the purport of the whole pleadings
B. (1) The plaintiff's assertion is that the defendant is jointly and severally liable for the debt of the plaintiff A under the agreement of this case.