logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.11.07 2018나46278
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the court’s explanation concerning this case is the same as that of the part concerning the reasoning of the judgment of the first instance, except for the following matters to be determined, thereby citing it pursuant to the main sentence of Article 420 of the Civil Procedure Act;

A. As to the identity of the guarantor column of the certificate No. 1 (statement of performance of obligation), the plaintiff consistently asserted that the defendant has forged the above certificate of performance of obligation from the first instance to the first instance trial, and that the plaintiff does not expressly dispute the identity of the plaintiff's seal. ② The plaintiff delivered the certificate No. 2 (a sales contract) to the defendant, who is his spouse, a copy of the plaintiff's seal and forged the letter of performance of obligation. This assertion can be viewed to the purport that the plaintiff's seal of the guarantor column of the certificate of performance of obligation is identical in appearance to that of the plaintiff's seal. ③ The plaintiff's seal of the guarantor column of the certificate of performance of obligation is identical to the plaintiff's ordinary seal of the plaintiff's letter of performance of obligation, ④ The court of first instance confirmed that the above certificate of performance of obligation is identical to the plaintiff's ordinary seal of the plaintiff's letter of performance of obligation, and the plaintiff's appeal against the plaintiff is accepted after the second day of the above statement of performance of obligation.

B. The plaintiff.

arrow