1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. On June 5, 2002, the court of first instance rendered a favorable judgment against the Defendant on the lawfulness of the subsequent appeal by serving a copy of the complaint, notification of the date of pleading, etc. on the Defendant by public notice, and rendered a favorable judgment against the Plaintiff. The original copy of the judgment was also served on the Defendant by public notice.

Therefore, the defendant was unable to comply with the peremptory period due to the reason that the defendant could not be held liable because he was unaware of the delivery of the judgment without negligence.

Therefore, the appeal filed by the defendant on October 14, 2015 is deemed to meet the requirements for subsequent completion of procedural acts.

2. According to the purport of the evidence Nos. 1 and 4 of the judgment on the merits and the entire arguments, the Japanese Bank Co., Ltd., on November 8, 1994, lent five million won to B on November 8, 1994, setting the due date for repayment to B on November 8, 1995. The defendant jointly and severally guaranteed the above obligations, and the plaintiff acquired the bonds of the Japanese Bank Co., Ltd. (hereinafter “the bonds of this case”).

Since the Defendant asserted that the five-year extinctive prescription of the instant claim has expired, the Plaintiff’s lawsuit was filed on March 6, 2002 after the lapse of five years from the due date of payment of the instant claim. As such, it is apparent that the instant claim has been filed on March 6, 2002, and the said claim has expired.

I would like to say.

Therefore, the defendant's above assertion is justified.

3. Thus, the plaintiff's claim against the defendant is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, and the part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim against the defendant is dismissed. It is so decided as per Disposition.