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(영문) 전주지방법원 2016.12.21 2016나1758
손해배상(기)
Text

1. All appeals by the Defendants are 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 court's explanation of this part of the judgment on the cause of the claim is the same as that of the corresponding part of the judgment of the court of first instance, and therefore, this part is cited by the main text of Article 420 of the Civil Procedure Act.

Judgment on Defendant B’s argument

A. The gist of Defendant B’s assertion is that Defendant B mediated to sell the instant real estate to Defendant C according to the Plaintiff’s delegation, and Defendant C paid the full amount of the instant real estate purchase price to the Plaintiff, which is not the money acquired by the Defendants.

B. 1) First, we examine the probative value of evidence No. 2 (Receipt) submitted by Defendant B as a disposal document proving the payment of the purchase price in this case. Considering the fact that the authenticity of a disposal document is recognized, the existence of a declaration of intent and its contents should be recognized in accordance with the contents of the document, unless there is any clear and acceptable counter-proof evidence that denies the contents of the statement, even if the authenticity is recognized, it should be careful in estimating the authenticity of the disposal document by the seal impression of the preparing person (see, e.g., Supreme Court Decision 2002Da34666, Sept. 6, 2002). In particular, if it is revealed that the possessor of the disposal document was delegated by the holder of the document’s business or relationship, etc. and used his seal as a document’s seal upon delegation by the holder of the document’s name (see, e.g., Supreme Court Decision 2014Da29667, Sept. 26, 2014).

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