1. The part against the defendant in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant is dismissed.

2...

1. The plaintiff and the co-defendant B of the first instance court jointly claimed a loan of KRW 30 million and damages for delay. The court of first instance accepted all the plaintiff's claims.

Accordingly, the defendant and the co-defendant B of the first instance trial filed an appeal for subsequent completion of each part against each of the losing parts, and the plaintiff withdrawn the lawsuit against the above B in the trial court, so the scope of the trial of this court is limited to the part against the defendant in the judgment of

2. Article 173(1) of the Civil Procedure Act provides, “Where a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date on which such cause ceases to exist.” In this context, the term “reasons not attributable to the party” means the reasons why the party was unable to comply with the period, even though he/she performed the duty of care generally required for conducting the litigation.

However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant

(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). According to the record of the instant case, the court of first instance rendered a judgment that served the Defendant with a notice of a copy of the complaint and the date of pleading by each service by public notice, and accepted the Plaintiff’s claim on July 25, 2017 after the pleading was made, and the original copy of the said judgment on July 28, 2017.