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(영문) 대법원 2016.04.29 2015다250642
청구이의
Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff (Appointed Party) and the appointed party C.

Reasons

The grounds of appeal are examined.

The court shall determine whether the assertion of facts is true in accordance with logical and empirical rules, based on the principle of social justice and equity, with a free evaluation of evidence, taking into account the purport of the entire pleadings and the result of the examination of evidence (Article 202 of the Civil Procedure Act). The facts duly confirmed by the court of final appeal that the original judgment does not exceed the bounds of

(Article 432 of the same Act). The lower court affixed a seal on the documents necessary for the preparation of the instant notarial deed in the sense that the Plaintiff (Appointed Party) and the appointed party guarantee the payment of performance and profit of at least KRW 100 million received from the Defendant, solely on the sole basis of the descriptions of evidence Nos. 2 through 6

It was judged that it is insufficient to recognize that the defendant or D entered the defendant and paid 100 million won or more of the performance and profit.

The allegation in the grounds of appeal is merely an error in the selection of evidence and the determination of the value of evidence belonging to the free trial of the fact-finding court, as the purport of substantially disputing such fact-finding by the

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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