1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. According to the records of this case, the court of first instance rendered a judgment accepting the Plaintiff’s claim on September 1, 2012 after serving a duplicate of the complaint against the Defendant, the date of pleading, the notice of the date of pleading, etc. with respect to the Defendant by service by public notice, and the original of the judgment also served on the Defendant by public notice, and the judgment became final and conclusive around that time. On February 14, 2017, the Defendant became aware that the first instance judgment was served on the Defendant only after receiving the original copy of the decision of the court of first instance on February 14, 2017, regarding claims based on the original copy of the judgment of the court of first instance, as claims based on the original copy of the judgment of the court of first instance, as claims by public notice, and that the original copy of the decision on the seizure and the collection

According to the above facts, the defendant could not be able to observe the period of appeal, which is a peremptory period, because he was unaware of the progress and result of the lawsuit due to a cause not attributable to himself. Thus, the appeal filed within two weeks from the time the defendant became aware of the fact that the judgment of the court of first instance was served by public notice was filed within the lawful period of appeal, and is a lawful appeal that satisfies the requirements

2. Basic facts

A. The Ulsan Credit Union (Ulsan Credit Union) on November 11, 199 lent KRW 5,000,000 to B for the repayment period of KRW 24 months, interest rate of KRW 13.5% per annum, and delay damages of KRW 22.5%. C, and the Defendant jointly and severally guaranteed the above loan obligations.

B. The Ulsan Credit Union filed a lawsuit against the Defendant, B, and C on February 2012, the Ulsan District Court 2002Gau15590, which rendered a judgment on July 9, 2002 that “The Defendant shall pay to the Plaintiff the amount calculated by the rate of 22.5% per annum from April 29, 2001 to the date of full payment” with respect to KRW 5,057,328 and KRW 5,000,000, which became final and conclusive on August 8, 2002.

C. On July 3, 2006, the Plaintiff received the above loan claim from the Ulsan Credit Union and received it from the Defendant on the same day.