1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Determination on the legitimacy of the subsequent appeal

A. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 5 and No. 7; and (c) the purport of the entire pleadings.

1) On November 3, 2017, the Plaintiff: (a) lent KRW 250,00,00 to the Defendant and filed the instant lawsuit seeking the payment of the said loans and the said joint and several liability amount; (b) around June 2016, the Plaintiff filed the instant lawsuit seeking the payment of the loans to the Defendant; (c) the duplicate of the instant complaint was sent to the Defendant’s domicile on November 13, 2017; and (d) was sent to C on November 15, 2017, to C’s family members at the Defendant’s domicile; and (c) received C’s family members on November 15, 2017. However, both the Defendant and C did not submit a written reply.

3) On March 9, 2018, the court of first instance rendered a non-litigation judgment ordering the Defendant and C to jointly and severally pay KRW 250,000,000 to the Plaintiff. On March 16, 2018, the original copy of the judgment of the first instance was also served on the Defendant and C in the same manner as the above 2).

4 The Defendant issued the judgment of the first instance court on August 8, 2018, and filed the instant subsequent appeal on the 22th of the same month.

B. The Plaintiff and C, who made a lawsuit against the Defendant by forging a monetary loan contract under the name of the Defendant, planned to obtain the judgment by means of receiving the complaint, etc. and not notifying the Defendant, and did not deliver the original copy of the instant complaint or the judgment to the Defendant, even though C received the original copy of the judgment.

C As it constitutes a recipient agency with conflicting interests or conflicting interests with the defendant, service of the complaint of this case or the original copy of the judgment to C is not legitimate by service to the defendant.

The defendant could not know the fact of the pronouncement of the judgment of the court of first instance prior to the issuance of the judgment, which is the period of appeal due to a cause not attributable to the defendant.