1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. According to the records of this case, the Plaintiff filed the instant lawsuit against the Defendant on May 30, 2015, and the first instance court (Seoul Central District Court 2015Gahap541619) rendered a favorable judgment on June 15, 2016 after the Plaintiff’s pleading was made by public notice, and the original copy of the said judgment was served by public notice. The Defendant, without gathering the facts of the said judgment, become aware of the fact that the said lawsuit was pending in the U.S. after the lapse of two weeks, can be acknowledged that the Defendant filed a subsequent appeal against the said judgment on July 27, 2016, which was prior to the lapse of two weeks.

According to the above facts, the defendant did not know of the progress and result of the lawsuit in this case due to a cause not attributable to himself, and did not observe the peremptory appeal period, which is the peremptory period, and filed an appeal of this case within two weeks after he became aware of the progress and result of the lawsuit in the first instance.

Therefore, the appeal of this case is lawful by satisfying the requirements for the subsequent completion of the litigation.

2. Basic facts

A. The Plaintiff is a company that conducts installment financing business, facility leasing business, or siren business, and E is the representative director of Defendant D (hereinafter “Nonindicted Company”) and the Defendant is an E’s partner, serving as the head of the product planning office of the Nonparty Company.

B. United rinks Co., Ltd. (hereinafter “St rinks”) concluded a business entrustment agreement with the Plaintiff, and introduced vehicle buyers who wish to conclude a lease contract with the Plaintiff, thereby mediating and mediating the conclusion of the lease contract.

C. Upon delegation of E around September 201, the Defendant visited the ice rinks several times to sell the ASEAN A42.0-T vehicles jointly owned by oneself with E (hereinafter “Edid vehicle”). During this process, the Plaintiff and the 29th day of the same month, by means of brokerage such as B, C, etc., who is an employee of the ice rinks.