구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons why the court is to use for this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the defendant in the court of first instance to the following paragraphs, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the defendant's argument at the trial court
A. The defendant's assertion that the defendant's written statement of the defendant in the loan agreement of this case differs from the defendant's written statement, and the defendant's written statement is deemed to have been written by a third party, not the defendant, so the plaintiff's written statement or signature
(1) The defendant asserted that the above loan agreement is not a joint and several surety, while the defendant did not sign the above loan agreement as a joint and several surety in the appellate brief of this case. However, the defendant is not a joint and several surety, and the defendant is not a joint and several surety.
Judgment
Whether the authenticity of a document is established or not shall be determined by the court based on free evaluation, based on all the evidentiary materials and all the arguments. In light of the fact that the authenticity of a document, if the authenticity is recognized, the existence of declaration of intent and its contents should be recognized in accordance with the contents of the document, unless there is any counter-proof as clear and acceptable to deny the contents of the statement.
(See Supreme Court Decision 2001Da29254 delivered on April 8, 2003, etc.). The defendant asserted that the evidence submitted by the plaintiff was forged in the first instance trial, but the defendant did not submit any evidence to the purport that it was forged in the trial. On the other hand, the following facts and circumstances, i.e., the whole purport of the pleadings, which are acknowledged by considering the whole purport of the pleadings, are the following facts and circumstances, i.e., the defendant received apartment sales from the first instance trial and borrowed part payment.