대여금
1. Defendant B’s appeal shall be dismissed;
2. Of the judgment of the first instance, the part against Defendant C is revoked, and the revocation part is revoked.
1. Basic facts
A. On January 19, 2004, the Plaintiff leased KRW 24 million to Defendant B at the maturity of 19 February 2004 and at the rate of 20% per annum. Defendant C guaranteed the above obligation against Defendant B.
B. On March 3, 2004, the Defendants prepared and delivered to the Plaintiff a notarial deed under a monetary loan agreement containing the above contents (No. 508 of the D Deed No. 2004).
C. On April 3, 2014, the Plaintiff filed an application for a payment order (Seoul District Court 2014 tea2708) against the Defendants, and Defendant B served a written application for the payment order on April 10, 2014 with his/her domicile, and submitted a written objection on April 24, 2014. Defendant C was not served with the delivery of the written application for the payment order, and the instant case was carried out as the first instance trial case during the demand procedure.
On June 27, 2014, the first instance court made a recommendation to urge Defendant B to reply to the Plaintiff’s assertion, but sent the said recommendation by means of dispatch and delivery on June 27, 2014, which was not served on three occasions due to the absence of closure. After the date of pleading, the first instance court sent a notice of the date of pleading by means of dispatch and delivery on August 5, 2014, which was not served due to the absence of closure and the addressee’s unknown address
Since then, the first instance court sent a notice of the sentencing date to Defendant B, but the notice of the sentencing date was not served due to the addressee's unknown address, and the notice of the sentencing date was served on August 25, 2014.
E. On August 26, 2014, the first instance court rendered a judgment in favor of the Plaintiff on August 27, 2014, and sent the original copy of the judgment to Defendant B on August 27, 2014, but decided to serve the original copy of the judgment on Defendant B as a service by public notice in order to serve the original copy of the judgment on September 3, 2014, and on September 18, 2018.
F. Meanwhile, the first instance court against Defendant C on July 17, 2014, in order to serve a duplicate, etc. of the complaint to Defendant C, but not served due to an unknown address.