logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.04.11 2017나2064386
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, and such reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Plaintiff’s additional document No. 16 (Co. 16) was submitted at the trial at the court, but Gap’s document No. 16 (Co. 16) was a copy, denying the existence and authenticity of the original and demanding the plaintiff to submit the original. In such a case, the plaintiff must prove that the existence of the original and the original were duly constituted. However, at the second day for pleading, the plaintiff stated that “No. 16 shall have no original document, and he shall not have prepared it,” but at the second day for pleading, he prepared the evidence No. 16 in the reference document submitted after the closing of argument at the trial. At the second day for pleading, the above plaintiff’s statement at the second day for pleading No. 16 was only made to the effect that G assisted in the lawsuit, and that G did not prepare evidence No. 16, and thus, it is difficult to conclude that the plaintiff’s claim for submission of evidence No. 16 and evidence No. 20 cannot be accepted as evidence, and thus, it is not reasonable to acknowledge the existence of the original evidence of the plaintiff’s evidence No. 20.30.

arrow