(영문) 수원지방법원 2019.02.14 2017나76333

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.02.14 2017나76333

양수금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

purport, purport, and.

Reasons

1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows the evidence submitted in this court, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance except for dismissal as follows, and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of the

[Judgment of the court below] No. 5 of the judgment of the court of first instance, the defendants of the Republic of Korea are "Isman" of the judgment of the court of first instance.

Article 14-15 of the text of the judgment of the court of first instance provides that "(No evidence No. 22 shall be used as evidence because there is no evidence to acknowledge the existence of the original" (No evidence No. 22) "(the defendant shall use the original document as evidence)" means that there is no evidence to acknowledge the existence of the original document by a copy, and that there is no fact that the defendant prepared the original document. If there is a dispute over the existence of the existence of the original and the authenticity of the establishment, and there is an objection against the other party for the substitution of the original document, a copy cannot be substituted by the original document (see Supreme Court Decision 200Da66133, Aug. 23, 2002). In light of the results of inquiry into T company of the court of first instance, it is recognized that T is in custody of the original document, and in light of the results of appraisal by U.S. appraiser, there is no other evidence to acknowledge that the defendant prepared the above promise, and thus, the claim of this case No. 2222 shall be dismissed.

The judgment of the first instance is just in conclusion, and each of the plaintiffs' appeals is dismissed.

참조조문

-민사소송법 제420조

참조판례

-대법원 2002. 8. 23. 선고 2000다66133 판결

유사 판례

-서울고등법원 2018.04.11 2017나2064386

-대구지방법원 2016.01.15 2015가단105695

-부산고등법원 2015.09.16 2014나5296

-대법원 2015.01.29 2014다71491

-인천지방법원 2017.04.05 2015나7787