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(영문) 대법원 2015.02.12 2014다15057
약정금 등
Text

The appeal is dismissed.

The costs of appeal shall be borne by an independent party intervenor.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

In full view of the circumstances in its holding, the lower court determined that the instant loan certificate and power of attorney, etc. were forged by an independent party intervenor or M, or that there was a clear and acceptable counter-proof to deny the contents of the statement, and thus, it cannot be deemed as evidence, and that other evidence submitted by an independent party intervenor was difficult to believe or insufficient to recognize its assertion.

In light of the records, the above determination by the court below is justified, and contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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