1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. On November 24, 2016, the court of first instance rendered a judgment in favor of the Plaintiff on the following grounds: (a) the original copy of the judgment was served by means of service by public notice to the Defendant on November 24, 2016; and (b) the first instance judgment became formally final and conclusive at that time; (c) the Defendant received the original copy of the judgment of the first instance on February 13, 2017, and became aware of the fact that the judgment of the first instance was served by public notice; and (d) the Defendant received the original copy of the judgment of the first instance on February 13, 2017, and thereafter became aware of the fact that the first instance judgment was served by public notice; and (e) the fact that the Defendant filed the instant appeal on February 24, 2017, which

In full view of the foregoing, the Defendant could not observe the period of appeal, which is a peremptory term, due to the Defendant’s failure to know the progress and result of the lawsuit for reasons not attributable to himself. Therefore, the instant appeal filed within two weeks from the time the Defendant became aware of the fact that the judgment of the first instance court was served by public notice was served by public notice, is lawful

2. Summary of the parties' arguments;

A. The Plaintiff continued to lend money to the Defendant from June 2012 to November 2013, and partly repaid money. The Plaintiff claimed KRW 11,000,000 and damages for delay.

B. The Defendant borrowed money from the Plaintiff from June 2012 to August 2012, 200 won in total, and repaid the money in full.

3. Determination as to the cause of action

A. The following facts are acknowledged in full view of Gap evidence Nos. 1, 2, 3, 4, 7, 8 (including branch numbers for those with serial numbers), Eul evidence Nos. 1 and the purport of the whole pleadings.

① On June 18, 2012, the Plaintiff transferred KRW 1,550,00 to the Defendant’s national bank account (from the Plaintiff’s account of community credit cooperatives to the Defendant’s national bank account).

② As of June 20, the Defendant borrowed KRW 6,000,000 to the Plaintiff.

“,” has drawn up a certificate of borrowing.

(A) evidence of subparagraph 1. (3)