1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On March 26, 2002, the Plaintiff filed a lawsuit for reimbursement against the Defendant and four other parties, including the Defendant, at the Suwon District Court 2002Kadan25378 (hereinafter “previous case”), and the Defendant served a duplicate of the complaint of the case and did not dispute the Plaintiff’s claim. The above court rendered a judgment with respect to all the facts constituting the Plaintiff’s claim pursuant to Article 150 of the Civil Procedure Act. On July 3, 2003, the above court rendered a judgment against the Defendant, “The Defendant shall jointly and severally with E, and jointly pay the Plaintiff 1,535,068 won and 16,435,65 won, calculated at the rate of 19% per annum from August 23, 199 to the day of full payment, and the amount calculated at the rate of 19% per annum 24,463,268 won and 16,363,542 won per annum 199.”

B. The court of the first instance of the previous case ordered the defendant to serve by public notice, who is not to serve the original copy of the previous judgment, and the above service by public notice was effective on July 22, 2003, and the previous judgment became final and conclusive on August 20, 203.

C. The Plaintiff filed the instant lawsuit against the Defendant on February 26, 2013 for the interruption of extinctive prescription against the claim based on the previous judgment.

However, the court of first instance, where the duplicate of the complaint of this case was not served on the defendant, ordered the defendant to serve by public notice of the duplicate of the complaint of this case, and thereafter, issued the judgment of the first instance court that accepted the plaintiff's claim on June 27, 2013 (hereinafter "the judgment of this case") after both notice of the date of pleading and notice of the date of pronouncement were served by public notice. The original copy of the judgment of this case was also served on the defendant by public notice.

On August 20, 2013, the Plaintiff filed an application for compulsory auction of real estate with the Suwon District Court J in relation to the title of execution, etc. on August 20, 2013.