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1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim filed in the trial, is as follows.
Reasons
1. According to the records of the instant case regarding the lawfulness of the subsequent appeal, the court of first instance may recognize the fact that the judgment of the first instance became aware of the fact that the judgment was served by means of service by public notice on November 28, 2014, and that the judgment was served on the Defendants by means of service on May 31, 2007, after the court served a duplicate of the complaint against the Defendants, the date of pleading, and the notice of the date of pleading, etc. with respect to the Defendants by public notice. The original of the judgment was served on the Defendants on June 5, 2007, and the Defendants knew of the fact that the judgment of the first instance was served on the Defendants by public notice on December 1, 2014.
According to the above facts, the defendants were unable to observe the appeal period, which is a peremptory term, because they were unaware of the progress and result of the lawsuit in this case due to a cause not attributable to themselves. Thus, the appeal filed within two weeks from the date the judgment of the court of first instance became known through service by public notice is lawful.
2. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition; and
A. E was the bankrupt flus mutual savings bank’s original trade name, and later, changed to “stock company flus mutual savings bank”.
(hereinafter “Bankruptcy Bank”) granted a loan of KRW 61,50,000,00 on October 17, 1992, from the Busan Dong-gu, Busan and one parcel (hereinafter “instant real estate”).
At the time, Defendant B, the wife of E, guaranteed the above loan obligation.
B. On September 17, 2002, E died, and E’s heir is Defendant C and D, the wife, Defendant B, and children.
C. On January 2004, the bankrupt bank and the defendant B confirmed that the principal and interest of the loan up to that time were KRW 123,271,622, and the defendant B deposited KRW 40,256,000 among them (the amount of KRW 26,20,000 on January 14, 2004, KRW 4,000,000 on January 20, 2004, and KRW 10,056,000 on June 30, 2004, respectively).