대여금
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. If a copy of a written complaint, original copy, etc. of judgment regarding the legitimacy of an appeal for subsequent completion was 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 was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she may file an appeal for subsequent completion within two weeks after such cause ceases
(See Supreme Court Decision 96Da30427 Decided August 22, 1997, etc.). The court of first instance rendered a judgment on February 5, 2009 following the service of a copy of the complaint against the defendant by public notice of the date of pleading, notification of the date of pleading, etc., by the court of first instance. The original copy of the judgment was also served on the defendant by public notice. On August 20, 2015, the plaintiff filed an application for the entry in the defaulters list (2015Da961) against the defendant with the Busan District Court Branch Branch Branch Branch of Incheon District Court on September 10, 2015. The defendant received a written examination to the defendant on September 10, 2015. The defendant filed the appeal of this case on September 11, 2015, and it is clear that the appeal of this case was filed on September 15, 2015 by public notice. According to each of the above facts, the defendant's judgment was lawful by public notice.
2. Judgment on the merits
A. The plaintiff's primary assertion 1) lent 50,000,000 won to the defendant on November 26, 2005, and 20,000,000 won on April 10, 2006. Even if the defendant did not directly borrow a domestic loan, the defendant's mother granted the right of representation to C (the former name: D) who is the defendant's mother, and thus, bears the responsibility of expression agency under Article 125 of the Civil Act. (2) The conjunctive assertion defendant guaranteed the defendant's obligation to lend a loan to C, and thus the defendant bears the guaranteed obligation.
B. We examine the judgment on the primary argument of the judgment 1, and examine the descriptions of evidence Nos. 1 and 3.