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(영문) 창원지방법원 2015.08.27 2014나33127
배당이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation of this case is as follows: "The plaintiff shall submit a loan certificate (No. 2; hereinafter "the loan certificate of this case") prepared between the defendant and C after the fourth third of the judgment of the court of first instance."

) Inasmuch as the date of preparation and its content are alleged to be untrustable, so long as the authenticity of a disposal document is recognized, the court shall recognize the existence and content of the expression of intent in accordance with the content of the document, unless there is any clear and acceptable counter-proof as to the denial of the content of the statement (see, e.g., Supreme Court Decision 2012Da50575, Aug. 22, 2013). According to the overall purport of the entries and arguments in evidence No. 2, the loan certificate in this case is deemed to have been duly established, and the loan certificate in this case was prepared at a time other than December 8, 2006, or there is no evidence to regard the content of the document as false, and therefore, it is identical to the statement in the reasoning of the judgment in the first instance, except for the addition of "no grounds exist for the plaintiff's above assertion."

2. If so, the plaintiff's claim of this case shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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