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. According to the records of this case, the first instance court rendered a judgment accepting the Plaintiff’s claim on November 7, 2007 after serving a copy of the complaint against the Defendant, notice of the date of pleading, etc. by public notice, and subsequently served the Defendant on November 9, 2007. The original copy of the judgment was served on the Defendant by public notice on November 9, 2007.

On September 25, 2017, the defendant received an original copy of the judgment of the first instance on September 25, 2017 and became aware that the judgment of the first instance was served by public notice, and filed an appeal for subsequent completion on September 28, 2017.

Therefore, since the defendant could not comply with the appeal period, which is the peremptory period, due to a cause not attributable to him, the appeal of this case filed within two weeks from the date on which the court of first instance became aware of the fact by public notice is lawful.

2. Determination as to the assertion of righting representation

A. On May 19, 2003, the Plaintiff’s assertion A entered into an agreement with the EL branch card (hereinafter “EL branch card”) and the Defendant’s legitimate representation on the same day entered into a contract for the joint and several surety of A’s debt to A’s EL branch card under the above agreement.

A paid KRW 30,484,109, total of KRW 19,480,00, interest KRW 11,004,109, and KRW 10,484,109 under the above card loan agreement. Since the EL branch card transferred the above claim against A and the Defendant to the Defendant and notified the Defendant of the transfer of the claim, the Defendant, as a joint and several surety, is jointly and severally liable to pay the Plaintiff damages for delay of KRW 30,484,109, total amount of the above obligation (= Principal KRW 11,480,00, KRW 109, KRW 19,480,00, KRW 100, and KRW 19,480,00, and KRW 100.

B. Determination Gap evidence No. 1 (hereinafter referred to as the "written application of this case") stated the defendant's name in the "Joint Surety II", and the defendant's seal is affixed at the bottom, but the fact that the written application of this case was made by Eul, who is not the defendant, does not conflict between the parties.