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(영문) 서울고등법원 2013.08.28 2012나92717
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this case by the court of first instance is as stated in the judgment of the court of first instance, in addition to the modification and addition as follows, and thus, this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Change] ① The third part of the judgment of the court of first instance shall be amended as follows.

" shall include each number, hereinafter the same shall apply.

(2) The third part of the judgment of the court of first instance shall be amended as follows.

“B. The Plaintiff asserted that this document was forged by Defendant C with respect to “B’s evidence Nos. 2 through 6 (Agreement No. 2-1). However, there is no evidence to acknowledge this. A evidence No. 3-1 (J apartment sale right resale agreement) and 2 (Certificate No. 2) of the certificate No. 3-1 (J apartment sale right resale agreement) were revoked on the first date for pleading in the first instance trial, but there is no evidence to acknowledge that the authenticity was established due to the violation of the truth and the mistake. Thus, the above revocation is not effective.

Furthermore, although there is no evidence to prove that the above documents were forged by Defendant C, there is no evidence to prove it.

(3) In accordance with the purport of each entry and oral argument of the court of first instance, the number 11 to 13 of the judgment shall be changed as follows. “The entry of part of the L testimony and the evidence 10 of the evidence No. 10 of the judgment is difficult to believe it, and it is insufficient to acknowledge the fact that there was an agreement as alleged by the Plaintiff solely with the entries of the evidence Nos. 1, 4, 9, and 14 of the judgment No. 10

(4) The fourth sentence of the first instance judgment shall be amended as follows:

“The Plaintiff’s assertion at issue is without merit without further review.”

The plaintiff filed an application for resumption of argument several times to apply for L or K as a witness.

L, however, has already testified in the first instance court that corresponds to the purport of the plaintiff's assertion, and the deadline for application for evidence should be observed.

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