The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport and purport of the appeal [the purport of the appeal]

1. If the main copy of the complaint and the main text of the ruling, etc. of the subsequent appeal are served by the method of public notification, the defendant was not aware of the service of the ruling without negligence, unless there are special circumstances, and in such a case, the defendant was unable to comply with the peremptory period due to the reason not attributable to him/her and the defendant was unable to comply with the peremptory period, and thus, the subsequent appeal may be filed within two weeks after

Here, the term “after the truth due to the absence of any reason” refers to the time when a party or legal representative becomes aware of the fact that a judgment was rendered by means of public notice service, and furthermore, the fact that the judgment was served by either party or legal representative when the party or legal representative received perusal of the records of the case or a new judgment, except in extenuating circumstances.

It should be seen (see Supreme Court Decision 2004Da8005, Feb. 24, 2006). The first instance court served a written complaint against the defendant and a written notice of the date of pleading by public notice and proceeded with the pleadings on October 26, 2018, and then rendered a judgment in favor of the plaintiff on October 26, 2018, and the written judgment also served on the defendant by means of public notice delivery. The fact that the defendant was issued the original copy of the first instance judgment on April 12, 2019 and filed an appeal for subsequent completion on April 15, 2019, which was before two weeks elapse thereafter, is either difficult between the parties or is evident in the record.

Before April 12, 2019, the Defendant appears to have not been aware of the progress of the first instance trial and there are any reasons attributable to it.

Therefore, the defendant's appeal to correct the appeal is legitimate.

2. Basic facts

A. On November 14, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A Agricultural Partnership Co., Ltd. (hereinafter “instant legal entity”) (hereinafter “the instant credit guarantee agreement”) with the Plaintiff, and jointly Defendant B (hereinafter “the first instance court”) in the first instance trial.