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(영문) 서울남부지방법원 2019.10.17 2018나66065
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 court of first instance’s explanation concerning this case is as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, except for partial revision as follows.

The following parts shall be added to 4 pages 18 of the first instance judgment:

[The defendants asserted that the authenticity of the cash custody certificate of this case was not denied in the relevant civil judgment between the plaintiff and the defendants' mother F, but according to the whole purport of Gap evidence No. 14 and the arguments, the court of appeal in the appellate case of the Suwon District Court 2016Kadan2679 (main lawsuit), 2017Kadan5628 (Counterclaim), 2018Na8433 (main lawsuit), 2018Na8540 (Counterclaim) decided July 17, 2019) decided that "the copy of the cash custody certificate of this case cannot be used as evidence (as stated in Gap evidence No. 12 and 13, according to each of the statements stated in Gap evidence No. 12 and 13, the defendant's assertion that the cash custody certificate of this case was not developed at the time of October 23, 2016 has no reason to dismiss the admissibility of the evidence of this case's evidence."

2. Thus, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just as it is concluded, and all appeals by the defendants are dismissed. It is so decided as per Disposition.

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