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(영문) 울산지방법원 2017.01.12 2016나479
약정금 등
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for payment is revoked, respectively.

Reasons

1. Determination as to the cause of claim

A. The reasons why the court stated in this part of the facts of recognition are amended by the second side of the judgment of the first instance except for the modification as follows:

1. Since part of the entry is the same, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

1) On the second and second sides of the judgment of the court of first instance, “A evidence (proving the authenticity of the document is presumed to have been made according to the statement of the performance of the labor cost)” in subparagraph 2 of Article 10 of the judgment of the court of first instance is presumed to be the authenticity of the entire document as the defendant’s seal impression can be acknowledged in full view of the statement of performance of labor cost payment, the result of the appraiser E’s seal appraisal of the first and the purport of all pleadings. Although the defendant alleged that the above performance memorandum was forged, the testimony of the witness L of the first instance court is insufficient to recognize it, and there is no other evidence to acknowledge it). 2) On the second and second sides of the judgment of the court of first instance, “A evidence (proving the waiver of the document and each document are presumed to have been made pursuant to Article 358 of the Civil Procedure Act)” in subparagraph 2 of Article 10 of the judgment of the court of first instance, it is presumed that there is a lack of evidence to acknowledge that the above defendant’s seal imprint of the entire document is forged.”

B. According to the above findings of the judgment of the court of this case, the defendant is obligated to pay to the deceased a sum of KRW 34 million, KRW 45 million, KRW 45 million, KRW 1,500, KRW 1500,000, KRW 3,735,000, and delay damages for the deceased’s heir, barring any special circumstances. The plaintiffs, who are the deceased’s heir, are obligated to pay the deceased a sum of KRW 84,735,00, KRW 35,000, and KRW 84,235,00.

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