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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Whether a subsequent appeal is lawful or not, the Defendant filed an appeal on March 7, 2019 against the judgment of the first instance court rendered on November 8, 2016. In full view of the records and the purport of the entire pleadings in the instant case, the first instance court proceeded with the litigation by means of service by public notice from the service of a copy of the complaint against the Defendant, and the Defendant appears to have known of the fact that the original copy of the judgment was issued on February 27, 2019 and that the original copy of the judgment was served by public notice. Accordingly, the subsequent appeal of this case filed within two weeks thereafter is lawful.
2. According to the purport of Gap evidence No. 1 as to the cause of the claim, according to the purport of the whole pleadings, the plaintiff lent KRW 10 million to C on July 14, 2008 as the due date for repayment on December 27, 2008, and the defendant, who was his child, guaranteed the above loan obligation of C on the same day. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff damages for delay at each rate of 15% per annum as prescribed by the Civil Act from December 28, 2008 to October 19, 2016, the delivery date of the copy of the complaint of this case, from December 28, 2008 to October 19, 2016, the delivery date of the copy of the complaint of this case, and the next day to the date of full payment.
3. The defendant's assertion is asserted to the effect that, at the time of the mother's death, the mother filed a qualified acceptance report with other co-inheritors, and there is no active property inherited from C, and the defendant does not have a duty to repay the above loan obligations.
However, as seen earlier, the defendant is obligated to pay the above loan obligations to the plaintiff as a guarantor by concluding a guarantee agreement directly with the plaintiff for the above loan obligations. Thus, regardless of whether the defendant, as the inheritor of C, completed a qualified acceptance report, the defendant is obligated to pay the above loan obligations to the plaintiff as the guarantor.