1. The judgment of the court of first instance is modified as follows.

The plaintiff's claim is dismissed.

B. The defendant

1. If a copy of a complaint, an original copy, etc. of the judgment were served by means of service by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know of the service of the judgment without negligence, barring any special circumstance. In such a case, the defendant shall be deemed to have failed to comply with the peremptory period due to a cause not attributable to him/her, and may file an appeal for subsequent completion within two weeks from

On December 17, 2008, after the court of first instance served a notice of complaint and the date of pleading with respect to the defendant by public notice, the court of first instance rendered a favorable judgment against the plaintiff on December 17, 2008. The original copy of the judgment and a certified copy of the succeeding execution clause were served to the defendant by public notice. The defendant becomes aware that the judgment of first instance was served by public notice by public notice upon being issued and inspected on November 29, 2017, and filed an appeal for subsequent completion on the same day by being aware that the judgment of first instance was served by public notice by

According to the above facts, it is reasonable to deem that the defendant was unable to observe the peremptory appeal period due to a cause not attributable to the defendant. Thus, the subsequent appeal filed within two weeks from the date the court of first instance became aware of the fact that service by public notice was served by public notice is lawful.

2. Basic facts

A. On August 27, 2002, the Defendant entered into a loan agreement with A on a loan limit of KRW 5,00,000, interest rate of KRW 54.75% per annum, and five-year loan agreement with A (hereinafter “instant loan agreement”) and received a loan of KRW 1,50,000 on the same day.

B. The defendant paid the principal and interest of a loan until October 7, 2003, but failed to repay the principal and interest of a loan thereafter.

C. On October 2, 2014, the Plaintiff, a bankruptcy trustee of the Plaintiff Company A, transferred to the Intervenor succeeding to the Plaintiff all of the claims under the instant loan agreement, including the principal, claims, interest, and provisional payment, against the Defendant. The Plaintiff’s succeeding intervenor obtained the power to notify the assignment of claims from the Plaintiff and obtained the power to notify the assignment of claims.