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(영문) 수원고등법원 2020.10.22 2020나14969
대여금
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance, except where the court added or added additional judgments as follows. As such, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second half of the judgment of the court of first instance and the second nine of the judgment of the court of first instance shall be followed as follows:

In addition, Defendant B denies the authenticity of No. 2, and thus, it can be admitted as evidence only when the authenticity is proven. However, whether the authenticity of the document is recognized by the court can be judged as free evaluation, based on all evidential materials and the entire purport of pleading (see, e.g., Supreme Court Decision 2001Da29254, Apr. 8, 2003). The court may, without without without any need to determine whether the document is written by appraisal, determine it by using the land as a comparison (see, e.g., Supreme Court Decision 95Da38240, Dec. 12, 1997); the result of the written appraisal by the appraiser E of the first instance trial (see, e.g., Supreme Court Decision 95Da38240, Dec. 3, 1997; e., the facts or circumstances acknowledged by the purport of No. 1, No. 5, and the following facts or circumstances, i.g., the name of the Plaintiff B and No. 2, the second evidence.

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