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(영문) 대구고등법원 2019.01.17 2018나22191

대여금

Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the court citing this case as it is based on the main text of Article 420 of the Civil Procedure Act, since it is identical to the ground of the judgment of the court of first instance, except for adding the judgment of this court.

2. The three-dimensional 4 of the first instance judgment of the part in which the appeal is accepted or added is to be "2. The parties' assertion" shall be "2. The parties' assertion concerning the primary claim", and the three-dimensional 20 of the first instance judgment of the court shall be "3. Judgment" as "3. Judgment concerning the primary claim".

The following shall be added to the following acts: 7th day of the judgment of the first instance and 12th day of the 12th day.

The plaintiff asserts that the authenticity of the loan certificate of this case should also be recognized since the authenticity of the defendant's personal seal impression affixed to the loan certificate of this case is recognized. However, even if the defendant paid a down payment to the defendant with a cashier's deposit account as stated in the reasoning of the judgment of the court of first instance cited earlier, the plaintiff also received the loan certificate of this case attached to the defendant's personal seal certificate of this case ( October 10, 2017) and there is a possibility that the defendant issued his personal seal impression to C according to the defendant's business needs, etc., the above circumstance alleged by the plaintiff is difficult to recognize the authenticity of the loan certificate of this case. < Amended by Presidential Decree No. 17065, Oct. 100, 200>

3. This.