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. If a copy of a complaint as to the legality of an appeal for subsequent completion, and the original copy, etc. of judgment were served 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 comply with the peremptory period due to a cause not attributable to him/her and thus, he/she may file an appeal subsequent to subsequent completion within two weeks after

After the court of first instance served a copy of the complaint of this case against the defendant and the notice of the date of pleading on the grounds of each service by public notice, and proceeding with pleadings, on November 28, 2007, the judgment in favor of the plaintiff was rendered and the original copy of the judgment was also served on the defendant by means of service by public notice. The defendant received the original copy of the judgment on June 15, 2016, and submitted the petition of appeal of this case on June 20, 2016 and submitted it to the defendant on the 20th of the same month

Thus, the defendant was sentenced to a judgment of the first instance court without knowing the fact that the lawsuit of this case was pending at the beginning, and the original copy of the judgment was served to the defendant by means of service by public notice, and the defendant was not aware of the service of the judgment of the first instance court without negligence. Thus, the appeal of this case filed within 2 weeks from the date on which the court of first instance became aware of the fact that

2. Judgment on the merits

A. The facts of recognition (1) The defendant was the representative director of D Co., Ltd., and the plaintiff was working as the former director of D Co., Ltd.

(2) On September 25, 2001, the Plaintiff lent KRW 20 million to the Defendant under the name of material expenses of the above company. On May 25, 2002, the Plaintiff arranged the lending relationship between the parties and decided on November 30, 2002.

(3) Meanwhile, at the time of lending the above money, the Plaintiff received a loan certificate from the Defendant’s wife C who operated the said company jointly with the Defendant, and the Plaintiff against the Defendant and C.