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. Whether a subsequent appeal is lawful;

A. If a copy, original copy, etc. of a complaint was served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant is unable to observe the peremptory period due to a cause not attributable to him/her, and thus, he/she is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist (30 days if the cause ceases to exist in a foreign country at the time of

Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that a judgment was rendered by means of service by public notice, rather than the time when the said judgment became known (see Supreme Court Decision 2004Da8005, Feb. 24, 2006).

On September 26, 2014, the first instance court served a copy of the complaint against the defendant, notification of the date of pleading, etc. by public notice, and rendered a judgment accepting the plaintiff's claim on September 26, 2014, and served the original copy of the judgment to the defendant by public notice. ② The fact that the defendant was issued the original copy of the judgment on May 14, 2019, and filed an appeal for the subsequent completion on May 24, 2019 is obvious.

Thus, the defendant's appeal of this case is lawful as it was filed within two weeks from the date the defendant knew that the judgment of the court of first instance was served by service by public notice.

2. Determination as to the cause of action

A. Facts of recognition 1) D Association (hereinafter “D Association”)

) On April 4, 1997, the Defendant, Co-Defendant C and F (hereinafter “Defendant, etc.”) loaned KRW 20,000,000 to E., and Defendant, Co-Defendant C and F (hereinafter “Defendant, etc.”)

2) The Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy after having been declared bankrupt by the Daejeon District Court.

3. On the other hand, the bankruptcy trustee of the bankrupt DDR claims against E and the defendant, etc. to the Daejeon District Court.