1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The first instance court, as to whether the Defendant’s subsequent appeal is lawful, proceeded with litigation procedures, including the service of a copy of a complaint, by public notice against the Defendant. On October 2, 2014, the certified copy of the first instance judgment, which was rendered on October 6, 2014, was served by public notice, and the Defendant, who was issued the certified copy of the judgment on July 3, 2019, perused the record, and then filed an appeal for subsequent completion with the first instance court on July 9, 2019, is obvious in the record.

Thus, the defendant was unable to observe the appeal period because he was unaware of the progress and result of the lawsuit of this case due to a cause not attributable to him.

As such, the defendant's appeal for the subsequent completion is legitimate.

2. Judgment on the parties' arguments

A. On August 30, 2002, the Plaintiff asserted that on August 30, 2002, the Defendant’s agent C prepared a notarial deed of promissory notes (Evidence A (Evidence A) with respect to promissory notes issued by the Defendant, and lent KRW 190,00,000 to the Defendant for three months after the due date.

As to this, the defendant did not borrow the above money from the plaintiff, and the issuance of the above promissory note and the preparation of a notarial deed are all null and void due to the lack of knowledge of C as the defendant's agent in the above promissory note No. 3, and the extinctive prescription period for the above loan claims

B. The Plaintiff lent KRW 190,000,000 to the Defendant solely on the basis of the evidence No. 1, which was written by the Plaintiff.

It is insufficient to recognize that the Defendant issued the said Promissory Notes as his agent C, and there is no other evidence to acknowledge otherwise.

In addition, the Plaintiff had a loan claim and a promissory note payment claim against the Defendant.

However, as of April 11, 2014, the date of application for the instant payment order with respect to a loan claim, Article 34(1) of the Bills of Exchange and Promissory Notes Act of 10 years counting from the date following the due date ( November 30, 2002) for the loan claim as of April 11, 201, and one year from the issue date ( August 30, 2002) for a promissory note claim with sight payment.