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(영문) 대구고등법원 2019.11.21 2019나21317

계약존재확인 등의 소

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1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3...

Reasons

1. The reasons why the court has used for this case are as stated in the reasoning of the judgment of the court of first instance except for the dismissal of the corresponding part as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The testimony of witness E in the 7th sentence of the first instance court shall be considered as “each testimony of witness E in the first instance court, E in this court, F in this court, and G”.

The 7th to 20th of the decision of the first instance is as follows.

Therefore, it is insufficient to conclude that the agreement between the Plaintiff and the Defendant was concluded solely on the basis of the aforementioned evidence and the statement of Gap evidence No. 16, and the facts acknowledged earlier, and there is no other evidence to acknowledge it (this court witness F testified that no such agreement was concluded, and the witness G of this court testified that this court did not comply with the Plaintiff’s assertion, but it is difficult to believe the testimony as it is in light of the aforementioned circumstances and the relationship with the Plaintiff.

Therefore, we cannot accept the Plaintiff’s claim of this case without any need to further examine other issues.

2. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance, which dismissed the plaintiff's claim prior to the extension of the plaintiff's claim, is justified. Thus, the plaintiff's appeal and the claims extended by this court are all without merit, and they are dismissed. It is so decided as per Disposition.