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(영문) 서울고등법원 2018.08.22 2017나2051076
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the following additional parts, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(2) The Defendant asserts that the Defendant’s statement at the date of the second pleading of the first instance trial, which was affixed with the Defendant’s seal affixed to the evidence No. 6 (j) at the time of the submission of the document, is against the truth and is due to mistake, and thus, is revoked. The Defendant asserts that the Defendant’s statement at the date of the second pleading of the first instance trial, which is contrary to the truth and due to mistake, is inconsistent with the Defendant’s assertion.

In light of the above, the defendant's seal affixed to Gap's evidence No. 6 (Evidence No. 6) was led to the defendant's employee identification at the time, but the defendant revoked it on the date of the first pleading in the court of first instance, but the evidence alone submitted by the defendant is insufficient to recognize that the confession was contrary to the truth and due to mistake, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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