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The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal No. 1, the court shall decide whether the allegation of facts is true in accordance with logical and empirical rules on the basis of social justice and the principle of equity by free evaluation of evidence, taking into account the purport of the entire pleadings and the result of the examination of evidence (Article 202 of the Civil Procedure Act). The fact duly confirmed by the court of final appeal that the judgment below did not exceed
(1) On the grounds indicated in its reasoning, the lower court rejected the Plaintiff’s assertion that: (a) the Plaintiff concluded a construction contract for the instant construction project with the Defendant for the instant construction project; and (b) without permission, installed the structure of the main structure (hereinafter “instant structure”) suspended by the Defendant in the course of new construction.
This part of the ground of appeal is the purport of disputing the fact-finding by the lower court, and is merely an error of the choice of evidence and the judgment on the value of evidence belonging to the free trial of the fact-finding court.
In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on presumption of the authenticity of documents and the formation of a contract, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical
2. As to the grounds of appeal Nos. 2, 3, and 4, the agreement rescission or rescission contract, regardless of whether or not the right of rescission exists, is the same that both parties to the contract terminated the validity of the existing contract by mutual agreement and has not entered into the original contract.