1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. In a case where an original copy of the judgment on whether an appeal for subsequent completion is lawful was delivered to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without fault. In a case where the defendant was sentenced without knowing the continuation of the lawsuit from the beginning, and the defendant became aware of such fact only after the original copy was served to the defendant by public notice and became final and conclusive, barring any special circumstance, barring any special circumstance, the defendant’s failure to observe the peremptory period for filing an

(1) According to the records, the first instance court rendered a judgment accepting the Plaintiff’s claim on August 18, 2017, after serving the Defendant with a duplicate of the complaint, etc. and the date of pleading by public notice, and serving the Defendant with a notice of the date of pleading by public notice. On August 24, 2017, the original copy of the judgment was also served on the Defendant by public notice, and the Defendant became aware of the fact that the instant lawsuit was filed and the judgment was pronounced on October 18, 2018, and on October 29, 2018.

Therefore, the defendant's subsequent appeal is lawful, since it was filed within two weeks from the date on which the judgment of the court of first instance became known that the service by public notice was served.

2. Facts of recognition;

A. On April 11, 2007, the Plaintiff, as a credit service provider, lent 7.5 million won to the co-defendant C at the first instance trial on July 10, 2007, at the maturity of 7.5 million won and at the rate of 40% per annum (hereinafter “instant loan”). On the same day, the Defendant and Co-Defendant D at the first instance trial jointly and severally guaranteed C’s above loan obligation.

B. On April 12, 2007, the Defendant, Co-Defendant C, and D of the first instance trial prepared and delivered to the Plaintiff a notarial deed of a monetary loan agreement for transfer security concerning the instant loan.

C. C does not repay the instant loan by July 10, 2007, and on December 25, 2010.