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(영문) 서울고등법원 2015.09.04 2015나14381
손해배상(기)
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 for the court's explanation concerning this case are as follows: "50,000,000 won" in the second half of the judgment of the court of first instance as "50,000,000 won" in the second half of the judgment of the court of first instance as "the result of the fact inquiry of this court" in the second half of the judgment as "the result of the fact inquiry of the court of second instance as to the chairman of the J election Commission of the court of first instance and the result of the order to submit financial transaction information to the Korean bank to the Korean National Bank"; and the third half of the seventh to the third half of the judgment as stated in the second half of the judgment as "the result of the fact inquiry of the court of first instance and the result of the order to submit financial transaction information to the Korean National Bank"; and the fourth five of the fourth and fifth of the judgment as stated in the second half of the judgment as "the plaintiff mentioned in the first half of the judgment as to the defendant's criminal charge. However, the plaintiff paid 50,000,00 won to the defendant around October 2010.

2. As to whether a witness’s testimony is a false statement contrary to his memory, the whole testimony during the examination procedure should be judged by understanding the whole of the testimony as a whole, rather than the mere part of the witness’s simple statement. Even if the whole purport of the testimony is identical to objective facts and it is inconsistent with his memory as to the small portion of the witness’s death, if it is caused by the scambling or mistake of the purpose of examination, it cannot be a perjury (see Supreme Court Decision 2007Do5076, Oct. 26, 2007). If a witness’s statement is a legal evaluation of facts experienced or merely expressed opinion, it cannot be said that it is a false statement in perjury.

(See Supreme Court Decision 95Do1797 delivered on February 9, 1996). The part of the Defendant’s testimony in the instant criminal trial, as alleged by the Defendant, is about the situation at the time of the Defendant.

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