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(영문) 대구지방법원 2020.07.22 2019나314115
손해배상(기)
Text

1. The defendants' appeal is 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 this court citing the judgment of the court of first instance is as follows, except to dismiss the judgment of the court of first instance or add the contents thereof, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

A. From the fourth to the nineth half of the judgment of the court of first instance, the second to the second is as follows.

[A] Defendant D and F asserted that he transferred money to the deceased’s account in accordance with the comprehensive delegation of the deceased. However, according to the evidence Nos. 4 and 5, the power of attorney does not include any indication on the content of delegation, and there is no seal on the deceased’s name, and it can be recognized that the deceased’s name was unclear. Thus, the above power of attorney cannot be considered as a disposal document where the authenticity is duly formed, so it is insufficient to recognize the delegation of the deceased’s power of disposal, and there is no other evidence to acknowledge this otherwise. Moreover, even if Defendant D knew of the account number and password of the deceased’s above Nonghyup Bank and its password, it does not constitute evidence as to the fact that the fact was delegated by the deceased regarding the transfer and cash withdrawal. Accordingly, the above Defendants’ assertion is without merit.)

B. The third below below below the fourth of the judgment of the first instance is "A" as "each description and image of evidence Nos. 1 and 9"; the fifth part of the judgment of the first instance as "each description of evidence Nos. 4, 6, 8, 9, and 9"; the fifth part of the judgment of the first instance as "each description of evidence Nos. 4, 6, 8, 9, 11"; the fifth part of the judgment of the first instance as "each description of evidence Nos. 1 through 8" as "each description and image of evidence No. 1 through 9, and witness of the party trial"; the sixth part of the first part of the judgment of the first instance as "each description of evidence Nos. 1 through 8" as "each description and image of evidence No. 1 through 8, 10".

3. Additional part of the judgment of the court of first instance, the fifth.

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