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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.
Reasons
1. On February 7, 2017, the first instance court rendered a judgment in favor of the Plaintiff, and served a written judgment by means of service by public notice, after serving a copy of the complaint against the Defendant, a notice of the date of pleading, etc. on the Defendant by public notice.
Therefore, the defendant was unable to comply with the peremptory period due to the reason that he was unable to be held liable due to the lack of knowledge of service of the judgment without negligence. On April 19, 2017, the court of first instance rendered a judgment after receiving the original copy of the judgment after having requested a perusal and reproduction to the court of first instance.
Since the Defendant filed an appeal to complete the instant case on April 24, 2017, which was 14 days or less thereafter, the Defendant satisfied the requirements for the subsequent completion of the litigation.
2. Determination as to the cause of claim
A. On February 3, 2010, the Plaintiff asserted that the Plaintiff loaned KRW 128 million to the Defendant at an annual interest rate of KRW 30%, and the due date for repayment until December 30, 2010, respectively.
B. Determination 1) As long as the authenticity of a disposal document is recognized, the court shall recognize the existence of the expression of intent and the content of the document. However, if any clear and acceptable counter-proof evidence is recognized, it may recognize facts different from the description (see, e.g., Supreme Court Decision 2010Da56616, Nov. 11, 2010). 2) In full view of the purport of the entire pleadings as to Gap evidence Nos. 1, 2, 16, and 17, the Defendant shall keep the Plaintiff in cash under the condition that “the Plaintiff himself shall keep the money from the Plaintiff and pay interest of 30% per annum, and the principal shall be repaid in full on or before December 30, 2010 (see, e.g., Supreme Court Decision 201Da8140, Feb. 3, 2010; 2010Du1301, Feb. 3, 2010.