Whether a perjury may be deemed to have affected the fact-finding of the original judgment in a case where the original judgment acknowledged the authenticity of each document based on the appraiser's appraisal result, and the perjury as to the preparation process of the document became guilty (negative)

In a case where: (a) as a result of the appraiser’s appraisal that the quotation of the Plaintiff’s name attached to each letter is identical to the Plaintiff’s seal, if the Plaintiff accepted it as evidence on the ground that the authenticity of the entire document is presumed to have been formed, and there is no other counter-proof evidence; and (b) the evidence that the Plaintiff prepared the letter is presumed to have been proven to have been guilty, it cannot be deemed as affecting the fact-finding of

Article 422(1)7 of the Civil Procedure Act

[Defendant-Appellee] Defendant 1 and 3 others

Defendant 1 and three others

Seoul High Court Decision 89ReNa107 delivered on September 7, 1990

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

According to the reasoning of the judgment of the court below, although Defendant 1 was convicted of perjury for the witness of the court of first instance, the court below erred in the misapprehension of legal principles and the reasoning of the judgment below that Defendant 1 testified that on November 18, 1980, the witness of this court of first instance and the court of second instance, the witness gave testimony to the effect that on November 18, 1980, the plaintiff 1 prepared a letter and read it and affixed it to Defendant 1, but it became final and conclusive after being convicted, although the judgment for retrial became final and conclusive after being proved as a result of the appraiser's appraisal that the seal affixed to the plaintiff 16 was identical with the plaintiff's seal affixed with the plaintiff's seal affixed to the plaintiff's seal, since the witness's signature was adopted as evidence of evidence No. 16 on the ground that the authenticity of the entire document was presumed to have been established, the witness's above evidence was not affected by the conclusion of the judgment for retrial.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)