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(영문) 부산지방법원서부지원 2019.06.18 2017가단8294
대여금
Text

1. Defendant C’s KRW 35,00,000 and its amount are 5% per annum from August 9, 2007 to March 24, 2018.

Reasons

1. Claim against the defendant B

A. On July 25, 2007, the Plaintiff asserted that the Plaintiff agreed on August 8, 2007 to lend KRW 35 million to Defendant B, and the due date was agreed on August 8, 2007, and thus, the Defendant is obligated to repay the Plaintiff the loan amounting to KRW 35 million (hereinafter “instant loan”).

B. Determination 1) The submission or delivery of documents must be made with the original, original, or certified copy. Thus, the submission of evidence by simple copies, not the original, original, or certified copy, is inappropriate in principle as there is no accuracy guarantee. In particular, in the case where there is dispute over the existence of original and the authenticity of the establishment, and there is an objection against the other party regarding the substitution of original copies, the copy cannot be substituted with the original. On the other hand, if the copy is submitted as the original, the copy shall not be deemed to be an independent documentary evidence, but, on the other hand, the original shall not be deemed to have been submitted. In this case, unless there is the same original as the original by evidence, and the original is deemed to have been duly formed, there is no evidence that there is no more than the name and the copy of the document as to which the original was made with the signature and seal of the Plaintiff, as alleged by the Plaintiff, and the Plaintiff did not present the above documents with the loan certificate as the loan certificate No. 350,000 won, and the Plaintiff as the loan certificate No. 1.

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