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(영문) 서울고등법원 2017.05.18 2016나2048660
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why this court should explain are citing the judgment of the court of first instance are as follows, and thus, it is citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

At the bottom of No. 3, 4 through 6, there is no evidence, , and there is no other evidence. " ........" It shall not be deemed that the stamp image next to the defendant's name in each of the instant notes is based on the seal used by the defendant at the time of the preparation of the instant notes, and according to the Gap evidence No. 8, even if the plaintiff was found to have received a non-prosecution disposition on December 6, 2016 on the ground of the lack of evidence as to the forgery of private documents and the uttering of the above investigation documents, the above facts alone are insufficient to recognize the establishment of the authenticity of each of the instant notes, and there is no other evidence to prove the authenticity, and there is no other evidence to prove the authenticity of each of the instant statements." No. 5, No. 9 and 10 of the instant statements of the implementation of this case as follows, there is no evidence to acknowledge the authenticity of each of the instant statements of execution, and there is no other evidence to acknowledge it.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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