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(영문) 의정부지방법원 고양지원 2017.01.06 2015가단36368
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff loaned money to the Defendant several times in the past; ① around April 25, 2015, around KRW 200,000, ② around May 15, 2015, ③ KRW 15,000,000 around May 20, 2015, and ④ KRW 18,000,000 around May 30, 2015, respectively.

Therefore, the defendant is obligated to pay to the plaintiff the total amount of KRW 55,000,000 and damages for delay.

B. The Plaintiff did not arrange the loan, as alleged by the Plaintiff, and the Plaintiff borrowed the loan from the Plaintiff to pay the interest at a high interest rate, and the principal and interest was fully repaid.

2. Determination on the admissibility of evidence of each subparagraph of subparagraph A(2)

A. The relevant legal review evidence is a method of proving the facts requiring proof by using the author’s intent expressed in the document as evidentiary materials. As such, first of all, it should be revealed that the document was prepared on the basis of the will of the person asserted by the person who prepared the document as evidence. After recognizing the formal evidence capacity, the substantial probative value of how much the author’s intent is useful as evidence of the facts requiring proof should be determined.

In addition, the submission or delivery of a document shall be made by the original, original, or certified copy (see Article 355 of the Civil Procedure Act), so it is inappropriate in principle as the submission of evidence is not by the original, original, or certified copy, but by a simple copy, because there is no accuracy guarantee. If there is a dispute over the existence of the original and the authenticity of the establishment, and there is an objection against the other party for the substitute use of the original, a copy may not be substituted by the original. On the other hand, if a copy is submitted as an original, the copy shall not be an independent documentary evidence, or if it is not by the original, the copy shall not be deemed to have been submitted by the evidence, but by this case, there is the same original as a copy, and

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