대여금
1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
1. On September 13, 2018, after the first instance court’s legality of an appeal for subsequent completion served a copy of the complaint against the defendant, notice of date of pleading, etc. by public notice, the court rendered a judgment of partially accepting the plaintiff’s claim on September 13, 2018. On September 18, 2018, the original copy of the judgment was served on the defendant by public notice. On November 14, 2018, the defendant becomes aware of the fact that the first instance judgment was served by public notice because he/she became aware of the fact that the original judgment was served by public notice on November 22, 2018, by filing an application for perusal or duplication with the first instance court on November 14, 2018.
Thus, the defendant could not comply with the appeal period, which is the peremptory period, due to a cause not attributable to him. Thus, 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. Determination on the cause of the claim
A. On March 31, 2017, the Plaintiff asserted that the Defendant lent KRW 81 million to the Defendant, and that the Defendant did not pay KRW 33.5 million out of the above loans, and sought payment of the said unpaid amount and interest in arrears.
B. According to the overall purport of each of the statements and arguments stated in Gap evidence Nos. 5, 63, and 68, the defendant paid to the plaintiff KRW 28 million on September 18, 2017, and paid the plaintiff KRW 47,55 million including the previous amount of KRW 19,50 million. The plaintiff received the above KRW 28,000 from the defendant on the same day, and the plaintiff prepared and sealed the "Agreement on the Confirmation of Details of Debt Repayment and the Agreement" (hereinafter referred to as the "Agreement") to the defendant on the same day. The agreement of this case was "the last 61,50,000 won out of the outstanding balance of KRW 61,50,000 (on the basis of the daily deposit amount)" and "the creditor is entitled to deduct KRW 3,50,000,000 from the creditor's last 28,178,200,000 after receiving the payment."