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(영문) 서울고등법원 2009. 6. 17. 선고 2008나105098 판결
[청구이의][미간행]
Plaintiff, Appellant

Plaintiff (Law Firm UBS, Attorneys Kim Jin-si, Counsel for plaintiff-appellant)

Defendant, appellant and appellant

Defendant (Attorney Im Sung-soo et al., Counsel for the defendant-appellant)

Conclusion of Pleadings

June 3, 2009

The first instance judgment

Seoul Central District Court Decision 2007Gahap53063 Decided October 17, 2008

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. Purport of claim

A notary public against the plaintiff by the defendant shall be prohibited from compulsory execution based on the authentic copy of a promissory note ○○ in 2006, a certificate drawn up on November 3, 2006, which was executed by the defendant against the plaintiff.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

The court's explanation on the instant case is identical to the reasoning of the first instance court's judgment, and thus, citing it in accordance with Article 420 of the Civil Procedure Act.

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

Judges Signature Number (Presiding Judge)

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