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The judgment of the first instance is revoked.
The plaintiff's claim is dismissed.
All costs of litigation shall be borne by the plaintiff.
claim. The purport of the claim.
Reasons
1. According to the clear facts and the purport of the entire pleadings on the record of the propriety of the subsequent appeal, the notice of a copy of the complaint and the date of pleading against the defendant was served by means of public notice and the proceedings were proceeded. On April 24, 2018, the judgment of the court of first instance was rendered and the judgment was also served on the defendant by means of public notice service on April 27, 2018. On October 29, 2019, the defendant became aware that the judgment was served by means of public notice only after filing an application for the issuance of the judgment with the court of first instance on October 29, 2019, and after receiving the original decision, the defendant was served on the defendant by means of public notice. According to the above acknowledged facts, the defendant was not aware of the facts of the first instance judgment without negligence, and thus, the defendant could not be held liable for compliance with the requirements for delivery of the judgment on November 1, 2019 by means of public notice.
2. The fact that the Plaintiff, around October 2008, leased one motor vehicle for the Defendant (hereinafter “the instant motor vehicle”) with the lease period from October 3, 2008 to April 3, 2009 (the automatic extension at the end of the lease period) and the rent of KRW 400,000 per month, respectively, may not be disputed between the parties, or may be acknowledged by the statement of evidence A No. 1.
The Plaintiff sought payment of the delayed interest of KRW 100,000,000 for the rent of KRW 800,000,000 for two-month rent of KRW 100,000,00 for the Defendant and KRW 400,000 for the rent of August 209, as well as the delayed damages.
First, with regard to the delayed interest of KRW 100,000 for the rent of KRW 80,000 for 2 months with the nature of the lease deposit, the rental deposit will be the amount of KRW 80,000 for the rent of KRW 10,000 for 2 months, as alleged by the Plaintiff.