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(영문) 서울중앙지방법원 2020.05.21 2019나56076
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the defendant (Plaintiff).

purport, purport, ..

Reasons

1. The reasoning of this court is identical to the reasoning of the judgment of the first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the existence of a ground for retrial

A. Since various evidence presented by the Plaintiff during the oral argument of the Defendant’s assertion in the judgment subject to a retrial is false as documents concerning loans received using a forged mobile phone admission application, an application for opening an account, etc. by H, there is a ground for retrial under Article 451(1)6 of the Civil Procedure Act in the

B. Determination 1) The term "when a document or any other article, which was used as evidence for a ground for retrial under Article 451 (1) 6 of the Civil Procedure Act, has been forged or altered" refers to a case where the forged document, etc., was provided as direct or indirect materials for fact-finding that became the ground for the order of judgment, and it is probable that the court rendered a judgment different from the judgment if it did not take into account the forged document, etc., and only the remaining evidence except the forged document, etc., can be recognized as the fact-finding or there is no possibility that the text of judgment would change if there is no forged document, etc., or the forged document, etc., were cited for fact-finding in order to recognize facts which could change without the falsified document, etc., as a family or additional statement in the reason for the judgment subject to retrial, and it does not constitute grounds for retrial (see, e.g., Supreme Court Decision 97Da15470, Jul. 25, 1997).

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