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(영문) 서울중앙지방법원 2019.06.14 2018나61033

청구이의

Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: “Witness of witness G” as stated in Section 4, Section 18 of the judgment of the court of first instance refers to “W of the court of first instance,” and the Plaintiff and the Defendant’s new assertion in the court of first instance is identical to the ground of the judgment of the court of first instance, except for adding the following judgments as to the newly asserted matters in the court of first instance. Therefore, they are cited in accordance

2. Additional determination

A. The plaintiff's assertion and judgment (i.e., the notarial deed of this case was prepared on the premise that the notarial deed of this case was made in accordance with the per share sheet (No. 5, hereinafter referred to as "the check of this case") issued at par value of 66 million won in the issuance of D Co., Ltd. (hereinafter referred to as D). The plaintiff who is only the representative director D who is not the issuer of the check of this case and is not the issuer of the check of this case is not liable for the payment of the check of this case. Thus, the plaintiff's notarial deed

She A disposition document, when the authenticity is recognized, shall recognize the existence and content of the declaration of intention in accordance with the contents of the document, unless there is any clear and acceptable counter-proof as to the denial of the contents of the statement.

(See Supreme Court Decision 201Da9655 Decided May 26, 201, etc.). In conclusion, the notarial deed of this case is prepared as a cause debt in relation to the payment of the above criminal agreement, as it is reasonable for the Plaintiff’s assertion that the Plaintiff shall pay KRW 1,9260,00 to the Defendant on the condition of withdrawal of the Defendant’s complaint on January 10, 2005 from the above criminal complaint case. According to each of the evidence Nos. 3 and 5, according to the letter of evidence No. 3 and 5, it is acknowledged that “the above amount is the criminal agreement amount” in the monetary loan contract of this case attached to the notarial deed of this case. Thus, the notarial deed of this case is prepared as a cause debt.