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 reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the case where the part of the "decision on the defendant's argument" from 4th to 10th 7th 10th of the judgment of the court of first instance concerning "the defendant's argument" is used as follows, and thus, it is acceptable in accordance with the main sentence of Article 420

2. Parts to be dried;

A. The defendant alleged that B obtained the power of representation from the plaintiff as to the loan contract of this case. However, the fact that B was sentenced to six months of imprisonment with prison labor due to the fact that B obtained a variety of recommended loans including the loan of this case in the plaintiff's name without the plaintiff's permission is as seen above, and it is difficult to recognize that B had the power of representation, and there is no other evidence to acknowledge this differently. Thus, the defendant's above assertion is without merit.

B. Determination on the assertion by analogy by analogy is made (1) Since the defendant's assertion B submitted documents that only the plaintiff himself/herself can be issued at the time of entering into the loan contract of this case, the defendant is deemed to have the expression representation under Articles 125 through 126 of the Civil Act on the grounds that there are justifiable grounds to believe that B is the right to conclude the loan contract of this case as

(2) As to the assertion of representation by representation under Article 125 of the Civil Act, an expression by the indication of the granting of power of representation under Article 125 of the Civil Act is established in cases where a certain person, regardless of the nature of basic legal relations between the principal and the person who act as an agent, performs a legal act with a third party on his/her behalf, and a third party indicates that he/she conferred his/her power of representation (see, e.g., Supreme Court Decision 2007Da23425, Aug. 23, 2007). Even according to the Defendant’s assertion, even according to the Defendant’s assertion, B ultimately includes an abstract of the Plaintiff’s resident registration