beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The summary of the Plaintiff’s assertion is as follows: (a) on July 23, 2004, the Plaintiff leased KRW 875,000,00 to the Defendant until December 31, 2004 due date without an agreement on the condition that he would naturally lose the benefit of time when certain grounds arise; (b) the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 875,000,000 (hereinafter “instant loan”) and damages for delay.
2. Determination
A. The submission of documents by Gap evidence Nos. 1 and 2 (Judgment on the admissibility of evidence) shall be the original (Article 355 of the Civil Procedure Act). The submission of documents is inappropriate, in principle, since the existence of the original and the authenticity of the establishment of the original are not merely the original, and the submission of documents by only a copy is inappropriate, inasmuch as there is no guarantee of accuracy. Thus, if there is dispute over the existence of the original and the authenticity of the establishment, and there is an objection against the other party against the representation of the original, a copy shall not be substituted by the original. On the other hand, if a copy is submitted as the original, the copy shall not be an independent documentary evidence, or it shall not be deemed that the original has been submitted by it, and in this case, there is no evidence that there is a copy of such contents, unless the original exists the same as the original, and it is recognized that the original has been genuine.
However, the applicant party lost the original document.
If the evidence is damaged in good faith, or if a third party who does not have an obligation to comply with the order to submit the document holds the original of the document, it is impossible to submit the original document or it is not required to submit the original in a de facto situation, such as where the original is a document of a large quantity, etc. However, in such cases, the party applying for the relevant document recognizes the legitimacy of the submission of the original document.