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(영문) 춘천지방법원 2019.05.15 2018나51215
대여금 등
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 judgment of the court of first instance.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and even if the evidence submitted in the court of first instance shows the evidence submitted in this court, the fact-finding and judgment in the judgment of the court of first instance can be deemed legitimate

Therefore, this court’s reasons are as follows: (a) deleted from the lower part of the third instance judgment to the lower part of the same side (the part of paragraph (d) of Article 1); (b) 3 to 4 from the lower part of the third instance judgment to the lower part of the same part (the part of paragraphs (1) and (2) are the same as the lower part of the second instance judgment to the lower part of subparagraphs 12 through 5 (the part of paragraphs (1) and (2)); and (c) thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. According to the portion written after completion [the grounds for recognition: the fact that there is no dispute, Gap evidence 1, Eul evidence Nos. 2 and 4 [the plaintiff alleged that Eul evidence No. 3 was forged, but according to Eul evidence No. 12, the plaintiff stated that he/she sent the above notice to M in the case No. 6179 of 2012, the defendant stated that he/she would send the above notice to M.], it is presumed that Eul evidence No. 2 and Eul evidence No. 4 are affixed with the plaintiff's seal, so the authenticity of the whole document is presumed to have been established.

The plaintiff defenses that the above written agreement (Evidence No. 2) and written agreement (Evidence No. 4) were forged, but it is not sufficient to recognize only the written evidence No. 8 and 10 and the testimony of the witness M of this court, and there is no other evidence to acknowledge it.

【The purpose of the entire pleadings】

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

(The part of the counterclaim claim that the Defendant sought a return of unjust enrichment to the Plaintiff was withdrawn by this court, and the judgment of the first instance was invalidated).

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