The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport, purport, and.

1. Basic facts

A. On February 9, 2009, the Plaintiff lent KRW 20 million to C Co., Ltd. (hereinafter “C”) by the due date until December 31, 2009, at the rate of 36% per annum, and the Defendant guaranteed the above loan obligations on the same day.

(hereinafter “The instant joint and several guarantee claim”). The Defendant is arguing to the effect that there was no joint and several guarantee agreement regarding the Plaintiff’s loan obligations against the Plaintiff.

B. On March 20, 2018, the Defendant filed a bankruptcy and application for immunity with the Seoul Rehabilitation Court 2018, 100584, 2018Hadan100584 (hereinafter “instant decision on immunity”) and received from the above court a decision on September 10, 2018 (hereinafter “decision on immunity”). The decision became final and conclusive on September 28, 2018.

C. The list of creditors submitted by the Defendant in the above bankruptcy and exemption procedure does not include the Plaintiff’s joint and several guarantee claims.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the record as to the legitimacy of an appeal for subsequent completion, the first instance court rendered a judgment accepting the Plaintiff’s claim on June 10, 2016 after both a copy of the complaint and a notice of date for pleading against the Defendant by public notice, and subsequently proceeding with pleadings. The original of the judgment also served on the Defendant on June 17, 2016 by public notice. On May 23, 2019, the Defendant was aware that the judgment of the first instance was served by public notice after being issued the original of the judgment of the first instance on May 23, 2019, and filed an appeal for subsequent completion on May 28, 2019.

Therefore, since the defendant could not observe the peremptory period, which is the peremptory period, due to a cause not attributable to him, the appeal of this case filed within two weeks from the date on which the judgment of the court of first instance became aware of the fact by public notice is lawful.

3. Judgment on the main defense of this case

A. The defendant's assertion is subject to the court's decision to grant immunity, which occurred prior to the above decision to grant immunity.