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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. According to the records of this case regarding the legality of the appeal for late payment, when the complaint of this case against the defendant was sent to Seongdong-gu Seoul, Seongdong-gu, 103 Dong 801, where the defendant had his domicile, and it was impossible to serve the defendant, the court of first instance rendered a judgment in favor of the plaintiff on October 11, 2013 after serving the complaint of this case and the notice of the date for pleading by public notice on the defendant. The above certified copy of the judgment also became effective as against the defendant on October 15, 2013 after service by public notice. However, the defendant applied for perusal and duplication of records on November 21, 2013 and received the certified copy of the judgment of first instance on November 29, 2013. According to the above acknowledged facts, the defendant could not comply with the period for appeal due to any cause not attributable to himself, and thus, the defendant filed an application for perusal and duplication of records within the period from December 13, 2013 to December 12, 12013.
2. Basic facts
A. The plaintiff is a corporation whose main business is to lease the Lane and office equipment, etc. and wholesale and retail, etc., and the defendant is the representative director of the defendant company who mainly engages in advertising signboards, materials, advertising machinery production, etc.
B. On October 7, 2009, the Plaintiff supplied roller Machinery (EC 1600COL 1600 COD 16000) to KRW 2090,000,00,000, as well as goods necessary for advertising signboards and machinery manufacturing by January 31, 2012, but did not receive the total amount of KRW 37,260,250 from the Defendant Company.
C. Around January 2012, the Defendant: (a) prepared to the Defendant Company a “Agreement on Goods Supply and Price Guarantee” performing joint and several obligations with respect to all goods supplies belonging to the same type of business as the limited liability company; (b) additionally stated “E” in the upper part of the Defendant Company’s indication, affixed the Defendant’s seal; and (c) the Defendant’s name, resident registration number, and other personal information on the Defendant’s indication.