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1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended in the trial is dismissed.
3...
Reasons
1. Determination as to the cause of claim
A. The plaintiff's assertion 1) around July 24, 2003, the plaintiff invested KRW 35,000,000 to D, and D agreed that D shall return the above investment amount and its profits within six months to the plaintiff, and on November 23, 2003, the defendant jointly guaranteed the plaintiff's obligation to return the above investment amount to D. Thus, the defendant is liable to pay the plaintiff damages for delay from July 1, 2004 to the date of full payment.
B. 1) As alleged in the Plaintiff, the Defendant stated that “A” No. 3 (a copy of a statement of performance) that the Defendant jointly and severally guaranteed the obligation to return investment deposits of D Co., Ltd. as alleged in the Plaintiff cannot be used as evidence for the following reasons, and the above facts of joint and several liability are insufficient to be recognized only by the entries in the evidence No. 12, 15, and 16, and there is no other evidence to acknowledge them. Therefore, the Plaintiff’s above assertion based on this premise is without any need to further examine the remainder, and there is no reason to recognize it. 2) At the first date for pleading of the first instance trial, the Defendant stated that “the establishment is denied, but the identity of name and seal is recognized,” as at the first date for pleading of the first instance trial, and thereafter, at the later date for pleading of the first instance trial, the Defendant denied the authenticity of the entire document. In full view of each of the above statements, it is reasonable to deem that the Defendant denied the authenticity of the entire document.
In addition, the submission of documents must be the original, and it is not the original, but the submission of evidence by simple copies is inappropriate in principle as there is no guarantee of accuracy. Therefore, there is a dispute over the existence of the original and the authenticity of the establishment of the original, and the copy is the original.