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. If a copy of a complaint, original copy, etc. of the judgment were served by means of service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance. In such a case, the defendant is deemed unable to observe the peremptory period due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent completion within two weeks (30 days if the cause ceases to exist in a foreign country at the time of the extinguishment

Here, “after a cause ceases to exist” refers to the time when a party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than simply knowing the fact that the judgment was served by public notice (see, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006). However, the first instance court rendered a judgment accepting the Plaintiff’s claim on September 6, 201 after serving a notice of the complaint, date for pleading, etc. on the Defendant by public notice, and served the original copy of the judgment on the Defendant by public notice. The fact that the Defendant received a certified copy of the judgment on December 5, 2018, and filed the instant appeal on December 12, 2018 is apparent in the record.

Thus, the defendant's appeal of this case is lawful as it was filed within two weeks from the date the defendant knew that the judgment of the court of first instance was served by service by public notice.

2. Judgment on the plaintiff's assertion

A. On June 16, 2004, Co-Defendant B of the first instance trial claimed by the Plaintiff, obtained a general loan from E Co., Ltd. (hereinafter “E”), and the Defendant jointly and severally guaranteed the above loan obligations.

On April 16, 2009, E transferred the above loan claim to the Plaintiff, and the Plaintiff notified the transfer to B as the principal debtor on behalf of the Plaintiff.

However, as of March 4, 2019, the amount of such loans is 12,482,348 won as principal and interest 3,729,697 won.

Therefore, the defendant shall pay to the plaintiff a total of KRW 46,212,045.