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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On May 8, 2007, the Plaintiff asserted that the Plaintiff lent KRW 38,200,000 to Defendant B on the due date set on August 30, 2008, and Defendant C guaranteed the above loan obligation.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 38,200,000 and damages for delay.
2. Determination
A. The Plaintiff submitted the evidence of the above loan claim Gap (a copy of the cash custody certificate) as evidence.
B. However, the submission of documents must be the original, and it is not the original, but the submission of documents by simple copies is unlawful in principle as there is no guarantee of accuracy. Thus, 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 against the substitution of the original, a copy may 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 otherwise, the original shall not be deemed to have been submitted. In this case, there is no evidence that there is no same original as the copy by evidence, and there is no evidence that there is a copy of such content, unless it is recognized that the original has been duly established.
However, the applicant party lost the original document.
If the document 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 is not required to submit the original in an unrealistic situation, such as where the original is a document of a large quantity, etc. However, in such cases, the applicant party to the document must assert and prove the specific reasons why the submission of the document would be legitimate.
(See Supreme Court Decision 2000Da66133 delivered on August 23, 2002, etc.). C.
In light of the above legal principles, the health room for the instant case.