보증채무금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. On August 30, 2016, the court of first instance on whether the appeal for the completion of the appeal is lawful, and the fact that the original copy of the judgment was served by service by public notice on September 22, 2016, after serving a copy of the complaint against the defendant, a notice of the date of pleading, etc. on the defendant by means of service, is clearly indicated in the record.
On the other hand, the Defendant, after being issued a certified copy of the judgment of the first instance on March 15, 2018, became aware that the judgment of the first instance was served by public notice, filed an appeal for subsequent completion on the same day.
Therefore, since the defendant failed to observe the appeal period, which is the peremptory period, due to a cause not attributable to the defendant, the appeal of this case filed within two weeks from the date on which the court of first instance became aware of the fact by public notice is lawful.
2. The Plaintiff’s assertion made a loan of KRW 4 million to B on August 21, 2014, and the Defendant jointly and severally guaranteed the Plaintiff’s obligation of KRW 5,200,000 to the extent of KRW 5,20,000. The Plaintiff is obligated to pay the principal of the loan that B has failed to pay within the limit of KRW 5,20,000, and delay damages therefor.
3. Determination
A. The Plaintiff’s ground of claim as to the authenticity of the evidence No. 1 (a linked loan transaction agreement) is premised on the authenticity of the evidence No. 1, which is a disposal document.
As to this, the defendant asserts that the body as stated in Gap evidence No. 1 is not his own, and it is forged.
In full view of the purport of the argument in Gap evidence No. 4, Gap evidence No. 1 stated the defendant's name, date of birth, address, loan amount of principal debtor B, maximum amount of guaranteed liability, interest rate, overdue interest rate, guarantee period, etc., and the defendant's name and signature are stated in the column of joint and several sureties, and the defendant has a credit certification against the plaintiff through the personal identification procedure using credit card in his/her name on August 21, 2014, and from the Health Insurance Corporation.