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(영문) 수원지방법원 2019.09.03 2018나63457

양수금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following addition, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Judgment of the first instance court is justifiable even if the grounds alleged by the Defendant during appeal are not significantly different from the grounds alleged in the first instance court, and all of the evidence presented by the Defendant are examined. 【Supplementary part of the first instance court’s judgment” is added to the following parts: “No. 4 of the first instance court’s judgment.”

In addition, the defendant is not liable for the material price to D with respect to each letter (Evidence No. 1-4 of the evidence No. 1) stating that the defendant will pay 1.30 million won to D, upon receipt of a request from the plaintiff's employee to prepare and request the above letter.

Since it is alleged that the document was delivered without stating the above amount column in the expression of intention, each letter (No. 1-4 of evidence A) is presumed to have been authentic in the entire document due to the lack of dispute over the Defendant’s unmanned part, so it is presumed that the document was authentic in the entire document: KRW 30,000,000 for the construction material cost: there is no evidence to prove that the document was forged later without stating the above amount in the blank (in light of the form of the above statement, the distance of the disturbance, the body of notes, etc., the above amount is deemed to have been written at the time of initial preparation).

2. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.