1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

According to the records of this case, the court of first instance may acknowledge the fact that the defendant was issued the authentic copy of the judgment of the court of first instance on December 19, 2016 and the fact that the defendant became aware of the fact on the same day after the court of first instance delivered a copy of the complaint of this case and the notice of the date of pleading to the defendant through service by public notice, and subsequently delivered the plaintiff's claim on October 23, 2006.

According to the above facts, the defendant was unable to observe the period of appeal, which is a peremptory term, due to the defendant's failure to know the progress and result of the lawsuit in this case for reasons not attributable to himself.

Therefore, the appeal of this case brought within two weeks from December 19, 2016, which was known that the judgment of the first instance court was served by public notice, was filed by the Defendant by public notice, is a legitimate appeal that satisfies the requirements for the subsequent completion of the litigation, as it was filed within the lawful appeal period.

Basic Facts

Around August 200, the Defendant agreed between B and B to provide a joint and several guarantee for KRW 4,00,000 that the Defendant borrowed from the National Credit Union of Korea (hereinafter referred to as the “National Credit Union of Korea”) (hereinafter referred to as the “National Credit Union of Korea”), and the Defendant agreed to provide a joint and several guarantee for KRW 30,000,000 that the Defendant borrowed from the National Credit Union of Korea.

Pursuant to the above agreement, B took out a loan of KRW 30,00,000 from the new meeting of the National Assembly members on August 9, 2000 on a redemption date on August 9, 2001; 14% per annum; and 22% per annum per annum (hereinafter “instant loan”); and C and the Defendant jointly and severally guaranteed the above loan obligations.

On August 14, 2003, the Korea Deposit Insurance Corporation appointed as the trustee in bankruptcy for the new funeral service, shall transfer the instant loan claims to the Plaintiff, and shall notify the Defendant, B, and C of the assignment of claims for the instant loan claims by each content-certified mail, stating that the notice of assignment of claims is given on September 5, 2003.