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. According to the records of this case, the first instance court rendered a judgment in favor of the Plaintiff on October 25, 2017 after serving a copy of the complaint against the Defendant and a notice of the date of pleading by public notice on the Defendant, and proceeding for pleadings. On October 25, 2017, the original copy of the judgment was also served on the Defendant by public notice. The Defendant became aware of the fact that the judgment was served on February 20, 2018 by inspecting and copying the litigation records of the first instance court on February 20, 2018 after receiving a written notice of confirmation of litigation costs, and that the said judgment was served by public notice on February 26, 2018.

According to the above facts, the appeal of this case was filed within two weeks from the date when the defendant became aware that the judgment of the court of first instance was served by public notice, and was lawful by satisfying the requirements for subsequent completion of the litigation.

2. Basic facts

A. On July 27, 2015, C, D, and the Defendant entered into a business partnership agreement with C on May 15, 2015, with respect to a loan agreement entered into between the Seoul Facilities Management Corporation (hereinafter “Facilities Management Corporation”) and E store F (hereinafter “instant store”) on May 15, 2015, with a view to investing KRW 500 million in the same business, and C and D shall first make an investment to collect the amount invested by C through the management of the store, and thereafter recover the amount invested by C and D by 50%, and C shall preferentially guarantee the principal to the Defendant and guarantee the amount of KRW 10 million as monthly revenue (hereinafter “instant business partnership agreement”).

B. After that, C transferred the business of the instant store to the Plaintiff on January 5, 2016, and concluded a new loan agreement between the Plaintiff and the Facilities Management Corporation on the instant store.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

3. The Plaintiff’s assertion agreed to pay a total of KRW 600 million to the Defendant and the Defendant’s total amount of KRW 610 million.