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(영문) 수원지방법원 2019.09.17 2018나62119
약정금
Text

1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.

Defendant B, C, D, E., the Plaintiff.

Reasons

1. The court's explanation on this part of the facts of recognition is identical to the corresponding part of the reasoning of the judgment of the first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. Determination

A. 1) Whether the authenticity of a written agreement (Evidence No. 4) and a written confirmation (Evidence No. 5) is established between the Plaintiff and the Defendant B, based on an agreement (Evidence No. 4) and a written confirmation (Evidence No. 5) signed between the Plaintiff and the Defendant B, the Plaintiff sought payment of the agreed money on the above agreement and written confirmation, and the Defendant B asserted that there was no fact that the said agreement and written confirmation was written. As to this, the authenticity of the signature and sealed on the private document is established, barring special circumstances, if the signature and sealed on the private document were affixed by his seal No. 4, i.e., the act of signing and sealing on the private document is presumed to be based on the will of the nominal party. Once the authenticity of the signature and sealed is presumed, it is presumed that the entire document was established pursuant to Article 329 of the Civil Procedure Act, and such presumption is made without being written or sealed against the will of the nominal party or against the will of the nominal party (Evidence No. 4, 45, 94, etc.).

3 Defendant B, from V, between Defendant B and Defendant B.

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