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(영문) 서울고등법원 2017.05.26 2016나2058575
용역비
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning for the court's explanation of this case is as follows, except for the defendants' use of Articles 12 through 16 of the fifth decision of the court of first instance as witness "in order to dismiss the witness" of the court of first instance, and the defendants' use of the fifth decision of the court of first instance to 12 through 16 of the court of first instance in consideration of the forgery of the defendants' repeated arguments in the court of first instance. Thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

【The part written by the Defendant-B (hereinafter “Defendant-B”)’s seal imprint affixed with the evidence No. 4 was based on the above Defendant’s corporate seal imprint, taking full account of the overall purport of the pleading’s testimony by N of the first instance trial witness. As such, the evidence No. 4 is presumed to have been authentic.

The Defendants asserted that the Plaintiff forged the evidence No. 4 by forging the Plaintiff’s certificate of Defendant B’s corporate seal impression, corporate seal impression, etc., and therefore, it is difficult for the Defendants to believe that the evidence No. 4 was forged, and the Defendant’s testimony by the Defendant at the trial witness K is insufficient to recognize the evidence No. 5, and there is no other evidence to acknowledge it.

Rather, in full view of the written evidence Nos. 19 and 20 and witness N of the first instance trial, the evidence No. 4 appears to have been written by K with the delegation from C and the seal of the corporate seal of Defendant B.

Conclusion

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