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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. In the first instance court, the Plaintiff filed a joint claim against the Defendant and the co-defendant C (hereinafter “C”) of the first instance court jointly and severally with the Seoul District Court for the payment of the debt amounting to KRW 36 million due to the conciliation of the loan case No. 98 Ma17430 (No. 98da18565), and the court of first instance accepted the Plaintiff’s claim.
Since only the defendant appealed against this, the subject of the judgment of this court is limited to the part of the plaintiff's claim against the defendant.
2. Determination on the legitimacy of a subsequent appeal
A. Article 173(1) of the Civil Procedure Act provides that "if a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts in his/her negligence within two weeks from the date on which such cause ceases to exist." In this context, "reasons for which the party cannot be held liable" refers to the grounds for not being able to observe the period despite the party's duty of due care to perform the procedural acts in general. In cases where the original copy of the judgment was delivered to the defendant by service by public notice, barring special circumstances, the defendant shall be deemed not to be aware of the service of the judgment without negligence. Unless there are special circumstances, unless the defendant was aware of the continuation of the lawsuit from the beginning, and the original copy of the judgment was delivered to the defendant by public notice, and the defendant was aware of such fact only after the service by public notice became final and conclusive, the defendant's failure to abide by the peremptory
(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). B.
Judgment
According to the records, the court of first instance shall serve both a copy of the complaint and a notice of the date of pleading on the defendant by public notice.