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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 for the court's explanation concerning this case are as follows. The part corresponding to the judgment of the court of first instance is used as follows. The plaintiff's assertion in this court is identical to the part of the reasons for the judgment of the court of first instance, except for addition of the judgment under Paragraph 3 as to the matters claimed by the plaintiff in this court. Thus, it is acceptable in accordance with the main sentence of Article 420
2. The witness B’s testimony of the first instance court No. 4, No. 6, and No. 7 of the first instance court’s decision shall be written with “each testimony of witness B and witness D of the first instance court.”
The office of the defendant shall be deleted in accordance with the 4th sentence of the first instance court, the 12th sentence and 13th sentence.
Part 5 of the Decision of the court of first instance(s)(s)(5)(s)(12)(s)(s)(s) and
According to the testimony of the witness D, it may not be deemed that the Plaintiff delegated only the issuance of a debt certificate to D and the declaration of intent to approve the debt. However, the following circumstances are acknowledged by comprehensively considering the aforementioned evidence and the purport of the entire pleadings in the statement of No. 7, namely, the Plaintiff’s issuance of the above debt certificate through D, which was intended to submit the above debt certificate as evidence in the individual rehabilitation procedure. However, in the individual rehabilitation procedure (Seoul District Court Decision 2008Da34332), the Plaintiff entered the claim of this case in the list of creditors in the list of creditors, and prepared and submitted a draft repayment plan for the above claim, there was no evidence to acknowledge that the Plaintiff argued against the Defendant before and after the issuance of the above debt certificate. Rather, even after the closure of the individual rehabilitation procedure as seen earlier, the Plaintiff appears to have entirely delegated the same to the Defendant’s individual rehabilitation procedure by delivering all necessary documents, such as painting and a certificate of personal seal impression.