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(영문) 부산고등법원 2015.10.28 2014나4170

대여금등

Text

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 judgment of the court of first instance is as follows: ① the witness of the court of first instance at least 14, both of the third and fourth of the judgment, shall be dismissed as the witness of the court of first instance; ② the part on the defense of evidence by the defendant C, as stated in the 7th to 4th 8th 18th of the judgment of the court of first instance, shall be dismissed as follows; and the part on the ground of the judgment of the court of first instance shall be the same as the part on the defendant among the grounds of the judgment of the court of first instance, except for the addition of the corresponding part to the corresponding part on the judgment, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act (B) of the judgment on the defense of evidence by the defendant on February 2, 190) since the defendant's initial argument provided food waste feed manufacturing technology to the defendant, and all of the costs of the factory site and new construction of the factory of the co-defendant B of the court of first instance (hereinafter referred to as "this case").

In addition, there is no reason to draw up the original document and there is no room for the Plaintiff to actually pay the expenses indicated in the original document. The above loan certificate is prepared by the Plaintiff using the Defendant’s seal imprint certificate and the Defendant’s seal imprint certificate delivered by the Defendant, who is in charge of the new construction and permission of the factory of Co-Defendant B in the first instance trial. If (a) the signature imprinted by the Defendant’s seal imprint affixed by the judgment document is withdrawn by his seal, barring any special circumstance, the authenticity of the seal imprint is established, i.e., the act of affixing the seal is based on the name of the titleholder’s intent. Once the authenticity of the seal imprint is presumed, the authenticity of the entire document is presumed to have been established pursuant to Article 358 of the Civil Procedure Act, and if the authenticity of the private document is presumed to have been made, the authenticity cannot be denied unless the originator proves that the seal imprint was stolen or forged (see Supreme Court Decisions 94Da41324, Jun. 30, 1995; 200.