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(영문) 인천지방법원 2014.12.16 2014나11918
보증금반환
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 reasoning of the court’s explanation concerning this case is as follows, and the relevant part of the reasoning of the judgment of the court of first instance is the same as that of the relevant part of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The "20,000,000 won" in the last two pages of the judgment of the first instance shall be applied as "20,000,000 won" respectively.

The two pages of the first instance court's three pages 1 through 3 of the first instance court's judgment "(the defendant defense that the evidence Nos. 1 through 3 of the first instance court's judgment was forged or altered, but there is no evidence to acknowledge it, the above defense is without merit)."

The "20,000,000 won" shall be 20,000 won in 3 pages of the judgment of the first instance.

The following shall be added between four pages 12 and 13 of the judgment of the first instance:

“A” means the Plaintiff’s filing of the instant lawsuit on the premise that the evidence Nos. 2 and 3 submitted by the Plaintiff was forged or altered. However, as seen earlier, it is difficult to deem that the evidence Nos. 2 and 3 was forged or altered. Moreover, in the case of the evidence No. 2, it is difficult to deem that the Defendant’s name was forged or altered (i.e., the Defendant’s name was printed on the lower part’s signature column, but the Defendant’s name was not printed on the lower part’s signature, and thus, the Defendant’

② In the case of the evidence No. 3, although the part that the Plaintiff stated “I, as seen above, I,” unlike the evidence No. 2 submitted by the Defendant, does not appear. However, in light of the fact that C, around December 3, 2013, in the process that the Plaintiff prepared and delivered a memorandum of payment (Evidence No. 3) to the Plaintiff, the Plaintiff presented a copy thereof to the Plaintiff and requested the Plaintiff to sign it, and that delivery to C after signing the above phrase, the evidence No. 3 cannot be deemed to have been altered.

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