청구이의
1. The judgment of the court of first instance is modified as follows.
On July 25, 2014, the Seoul Central District Court against the Plaintiff.
1. Basic facts
A. On May 16, 2012, the Defendant lent KRW 100 million in the name of PR expenses (in the case of retirement prior to the achievement of the above sales) and KRW 100 million in separate terms (hereinafter “the instant loan”) to C working for an entertainment drinking club operated by the Defendant, in return for achieving sales KRW 500 million (hereinafter “the instant loan”). The Plaintiff, who worked for the said entertainment club at the time, jointly and severally guaranteed the above loan obligation of C.
B. On November 18, 2013, the Defendant filed a lawsuit against C and the Plaintiff seeking loans of KRW 140 million, excluding KRW 60 million paid from February 14, 2013 to October 18, 2013, and payment for delay damages (hereinafter “instant lawsuit”).
C. At the time of the filing of the instant lawsuit, the Defendant entered the primary debtor’s domicile in Gangnam-gu, Seoul E Apartment 202 (hereinafter “Seoul E Apartment 202”) as “the domicile of the instant case.” On December 6, 2013, the Defendant was not served on the addressee’s unknown address, and thereafter, on December 20, 2013 and February 4, 2014, the Defendant filed an application for re-service and special service accompanied by a certified copy of C’s resident registration, stating that the domicile of C was the same as the domicile of the instant case. However, the Defendant filed an application for re-service and special service on January 20, 2014, on April 11, 2014, and April 27, 2014, as each addressee was not known, and thus, C was carried out by service by publication.
On July 25, 2014, the above court accepted the Plaintiff’s letter of claim for reimbursement of KRW 35 million, a joint and several surety, and sentenced to the judgment that “C and the Plaintiff jointly and severally with the Defendant to pay 5 million won and the amount calculated by the rate of KRW 15 million per annum from December 10, 2013 to July 25, 2014, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive on August 15, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 10, 11, Eul evidence 5, and the purport of the whole pleadings.