1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Review of the record on the legitimacy of a subsequent appeal reveals the following facts.

In the first instance trial, a copy of the complaint of this case and the date of pleading against the defendant were served by service by public notice, and the pleading was proceeded. On May 3, 2012, the judgment was rendered in favor of the plaintiff, and the original copy of the judgment was also served on the defendant by public notice.

However, the Defendant was aware of the progress of the instant pleadings and the pronouncement of the judgment, and became aware on February 15, 2017, only after being served on February 8, 2017 with the Seoul Northern District Court Decision 2017Kao20295, which rendered the judgment of the first instance court as the executive title, and became aware of the original judgment of the Seoul Northern District Court Decision.

In such a case, barring any other special circumstances, it is reasonable to deem that the defendant was unable to observe the period of appeal, which is a peremptory term, by failing to know the progress and result of the instant lawsuit due to a cause not attributable to himself.

Therefore, the appeal of this case is lawful.

2. Judgment on the merits

A. Fact 1) The plaintiff is the co-defendant B (the defendant's mother) of the first instance court on October 30, 2006.

hereinafter referred to as “B”

) Around 2.2% of the interest rate per month, and on October 31, 2009, leased KRW 50 million to the Plaintiff (hereinafter “instant loan agreement”) (hereinafter “instant loan agreement”).

(2) The Plaintiff paid the loan by means of remitting the principal amount to the Defendant’s account on October 24, 2006, 300,000 won, and November 9, 2006, and KRW 570,000 as of November 10, 2006, after deducting the advance interest, etc., but the Plaintiff agreed to pay interest, etc. accordingly. (2) The loan certificate (Evidence 1-1-1) prepared at the time of the loan agreement of this case, written by the Defendant’s personal information in the debtor column and affixed the Defendant’s personal seal impression.

The defendant was issued a certificate of the personal seal impression on October 2, 2006.

3 B refers to this case since December 2006.