청구이의
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. The court's explanation on this part of the facts of recognition is the same as the statement in Paragraph 1 of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act
2. The parties' assertion and judgment
A. 1) On April 28, 2003, the plaintiff is the plaintiff, but there is insufficient evidence to acknowledge that the plaintiff borrowed the above loan in the payment order of this case. The plaintiff's mother, not the plaintiff, borrowed the loan from the defendant by using the plaintiff's passbook, and the defendant asserts that the plaintiff is not the debtor. Even if this is not a representative, C bears the above loan in the plaintiff's name and confirmed the above loan of this case, and therefore, C has the duty to pay the above loan of this case. 2) First of all, the above loan of 7 million won was remitted to the plaintiff's passbook in the name of the plaintiff on April 28, 2003. However, there is no other evidence to acknowledge that the plaintiff borrowed the loan of this case from the defendant. Rather, according to the purport of the statement and arguments No. 1 and 3, No. 10, each of the above loan of this case, the plaintiff's whole loan of this part can not be acknowledged as the plaintiff's loan of this case under the plaintiff's name.
3. Next, we examine whether the Plaintiff ratified C’s above lending act, ① The instant payment order was served on the Plaintiff, and confirmed on November 20, 2003 due to the Plaintiff’s failure to raise an objection, ② the Defendant’s payment order as the executive title of the instant payment order was around November 23, 2004.