1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons for the court’s explanation concerning this case are as follows: “C” of the judgment of the first instance is as “I”; “this court” of the last third part is as “court of the first instance”; “Plaintiff and Defendant” of the April 5 through 6 is as “Plaintiff and Defendant”; and except for adding the following judgments, it is identical to the reasoning of the judgment of the first instance; thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the Plaintiff’s additional assertion

A. The plaintiff asserts that Gap evidence No. 2 is a document duly formed and the authenticity of private document is not necessarily required to prove the seal.

Since documentary evidence is a method of proving facts requiring proof by using the author's intent expressed in the document as evidence, it should first be revealed that the document was prepared by the person's will alleged as the author by the person who has produced the document. If such formal evidence is not recognized, it cannot be used as evidence. After recognizing the formal evidence, the substantial probative value of how much the author's will is useful as evidence of facts requiring proof should be determined.

In particular, it should be careful in recognizing the authenticity of a disposal document considering the fact that the authenticity of the disposal document is recognized, inasmuch as there is no clear and acceptable counter-proof evidence that the content of the document is denied, the existence and content of the declaration of intent in accordance with the contents of the document should be recognized.

(see, e.g., Supreme Court Decisions 96Da50520, Apr. 11, 1997; 201Da9655, May 26, 201). Moreover, the method of proving the authenticity of private documents is not specifically restricted, but the method of proving the authenticity thereof is required to be reliable, and when a witness gives testimony to determine the credibility thereof.