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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion C holds a loan claim amounting to KRW 250 million against the Defendant (D Co., Ltd. before the alteration (hereinafter “instant loan claim”) around May 2, 2015, and transferred the instant loan claim to the Plaintiff and notified the Defendant of the fact of assignment of the claim. Since the above notification reached the Defendant around that time, the Defendant is obligated to pay the Plaintiff the amount of KRW 250 million and interest thereon.
B. 1) The Plaintiff submitted as evidence a copy of the loan certificate (No. 1-1) prepared in the name of the Defendant in order to prove that the instant loan claim was established, and the Defendant asserted that there was an objection as to the substitution of the original by means of the loan certificate, denying the existence of the original loan certificate and the fact that the original was actually established. (2) In principle, the document may submit the original copy or certified copy in lieu of the original copy, or as the original copy, in lieu of the original copy, pursuant to Article 326(1) of the Civil Procedure Act.
First of all, where the other party acknowledges the existence or establishment of the original and has no objection to the substitution of the original, a copy may be submitted in lieu of the original, and in this case, it has the same effect as where the original is submitted.
However, if there is a dispute over the existence of the original and the authenticity of the establishment of the original, and there is an objection against the other party against the substitution of the original, the copy may not substitute for the original.
However, if a copy is submitted as an original, the copy shall be an independent documentary evidence, or instead, the original shall not be deemed to have been submitted, and in this case, there shall be the same original as the copy by evidence, and the original shall also be the same.