(영문) 창원지방법원 2020.04.24 2019나1309 | 리걸엔진

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(영문) 창원지방법원 2020.04.24 2019나1309

대여금 등

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserted that he was the defendant on March 10, 2009; the amount of KRW 5 million on April 11, 2009; the amount of KRW 2 million on May 10, 2009; and the interest amount of KRW 2% on May 10, 2009; and C guaranteed the defendant's respective loans obligations against the plaintiff.

Therefore, the defendant is jointly and severally liable with C to pay to the plaintiff the sum of KRW 7,00,000 as above and the interest rate of KRW 24% per annum from May 11, 2009 to the date of full payment.

2. Determination

A. The submission of the legal doctrine shall be made by the original, and in principle, the submission of evidence by a simple copy, not by the original, is unlawful as it does not guarantee 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 deemed to have been an independent documentary evidence, or otherwise, the original shall not be deemed to have been submitted. In this case, there is no evidence beyond that there is a copy of the same content as the copy by the evidence, and 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 document 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 is legitimate for the submission of the original document.

(See Supreme Court Decision 2000Da66133 delivered on August 23, 2002, etc.).

참조판례

-대법원 2002. 8. 23. 선고 2000다66133 판결

유사 판례

-대법원 2016.05.12 2015다46904

-대법원 2014.09.26 2014다29667

-청주지방법원 2015.06.09 2014나5426

-수원지방법원 2017.02.15 2016나10046

-인천지방법원 2017.04.05 2015나7787