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(영문) 서울남부지방법원 2016.09.08 2016나50837
임대차보증금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

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 parts, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The correction of the part of the first instance court’s appeal No. 2, No. 8, “the Plaintiff” as “the Defendant”; the “Plaintiff” as “the Defendant”; the “Defendant A” as “the Defendant”; the “Defendant A” as “the Plaintiff”; and the “Plaintiff” as “the Defendant,” as “the first instance court’s decision No. 4, No. 12, respectively.

In the first instance judgment, the part 4, No. 18 and No. 19 of the first instance court’s decision, stating that “the Defendant alleged that “A was forged, but there is no evidence to acknowledge it,” the Plaintiff’s assertion is without merit. The Defendant asserted that “A’s evidence No. 2-1 (Delegation letter) was forged by D. However, according to the statement (related case’s written appraisal) No. 11, it is recognized that the signature recorded on the above power of attorney was made by the Defendant’s own pen, and thus, the authenticity is presumed to have been established.”

2. If so, the judgment of the first instance is legitimate, and the appeal by the plaintiff and the defendant are dismissed as all without merit.

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