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(영문) 부산고등법원 2019.11.28 2019나51683
매매대금
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..

Reasons

1. The reasons for the finding of the judgment of the court of first instance are (1) additional evidence submitted by this court, and there was a mutual agreement between the plaintiff and the defendant that the defendant does not actually bear an obligation under the payment rejection of this case at the time of drawing up the payment rejection of this case.

(2) The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the case where the reasoning of the judgment of the court of first instance is dismissed as stated in paragraph (2), and thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, inasmuch as the reasoning of the judgment of first instance is stated in the main sentence of Article 420 of the Civil Procedure Act.

2. The following shall be added to the part 3, 15, 3, 15 (the “Determination” in paragraph 3) immediately below:

As long as the establishment of a disposal document is recognized as authentic, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable counter-proof that the content of the document is denied (see, e.g., Supreme Court Decision 2014Da1976, 19783, Feb. 15, 2017). Each “H” of 9 pages 4, “D.”

3. In conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed.

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