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(영문) 부산고등법원 2020.11.05 2019나58066

배당이의

Text

All appeals by the defendant against the plaintiffs are dismissed.

Expenses for appeal shall be borne by the defendant.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance for the instant case is that the witness who was additionally examined by the court is a witness of this case, and the witness of the court of first instance, except for the rejection of additional reasons as stated in the reasoning of the judgment of the court of first instance, on the grounds that there exists a certificate of original loan, such as the evidence No. 1, and that the original copy was duly formed, and that the witness of the court of first instance, who appears to correspond to the facts alleged in the Defendant’s assertion, presented the witness’

【The testimony of K at the trial witness on the process of preparing the original loan certificate as stated in the evidence No. 1 is partly different from the testimony of the same witness (Evidence No. 49) in another litigation case (Seoul High Court 2015Na4030) between the plaintiffs and the defendant. Also, even if the testimony in the trial itself is based on the content of the testimony in the trial, the above witness did not directly confirm L or the plaintiff A at the defendant’s request and prepared the false registration-related documents in his name. Accordingly, it is difficult to believe that the above testimony was made solely on the ground that the defendant was sentenced to a final judgment of conviction due to the charge of forging private documents.

2. In conclusion, the judgment of the first instance is legitimate, and all appeals against the plaintiffs are dismissed as it is without merit.