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. On July 18, 2014, the first instance court’s determination as to whether an appeal for subsequent completion is lawful is made by serving a copy of a complaint against the defendant, a notice of the date of pleading, etc. on the defendant by public notice, and then proceeding with pleadings. The fact that the original copy of the judgment was served by public notice on August 2, 2014 is clearly indicated in the record.

On the other hand, the Defendant, after being issued a certified copy of the judgment of the first instance on July 3, 2017, became aware that the judgment of the first instance was served by means of service by public notice, filed an appeal for subsequent completion on July 6, 2017.

Therefore, since the defendant failed to observe the appeal period, which is the peremptory period, due to a cause not attributable to the defendant, 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

A. Facts of recognition 1) Plaintiff (the trade name before and after the change: EL card Co., Ltd.; hereinafter “Plaintiff”) is not distinguished from before and after the change.

) A loan shall be extended on May 24, 2003 by stipulating 18,400,000 won to B at the rate of 48 months of the loan, interest rate of 22% per annum, and interest rate of 28% per annum (hereinafter “instant loan”).

The Defendant jointly and severally guaranteed the obligation of the instant loan to the Plaintiff. 2) The interest rate on delay damages for the instant loan was changed to 29.9% per annum on August 1, 2003.

3) B failed to repay the instant loan obligation to the Plaintiff as of April 9, 2014, and the balance of the instant loan obligation as of April 9, 2014 is KRW 44,932,938,938, which is the sum of the principal amount of KRW 12,466,767 and overdue fees, and KRW 32,466,171.

B. According to the above facts of determination as to the cause of the claim, the Defendant, a joint and several surety B, calculated the rate of 29.9% per annum from April 10, 2014 to the date of full payment, as to KRW 44,932,938, and the principal amount of KRW 12,466,767, which is the balance of the loan obligations, to the Plaintiff, barring any special circumstances.