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(영문) 의정부지방법원 2019.11.27 2018가단127316
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As alleged by the parties, the Plaintiff asserted that the Defendant was liable for reimbursement against the Plaintiff, but agreed to pay KRW 120,000,000 by settling accounts on October 30, 2009, and submitted a copy of the Defendant’s statement of payment (the evidence No. 2; hereinafter “the copy of the instant statement of payment”) as a major evidence to prove the fact of the said agreement.

On the other hand, the defendant denied the above contract and raised the possibility of ex post facto manipulation as to the copy of the letter of payment in this case.

In other words, the defendant prepared a letter of payment with the same content as the copy of the letter of payment in this case, except the date of preparation and the date of repayment in 1998, and there is a possibility that the plaintiff would ex post facto manipulate the part of the date of preparation ( October 30, 2009) and the date of repayment ( December 30, 2009).

Therefore, the issue of this case is whether the copy of the letter of payment in this case is valuable as evidence proving the defendant's agreement.

2. The value of evidence as to the copy of the letter of payment in this case

(a) The submission of documentary evidence, as a documentary evidence, of the effect of the submission of a copy, must be the original, and it is unlawful, in principle, as the submission of documentary evidence is not the original, but the submission of documentary evidence only by simple copies

Therefore, 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 cannot be substituted by a copy.

On the other hand, if a copy is submitted as an original, it shall be independent documentary evidence, but instead, it shall not be deemed to have been submitted by it, and the same original as the copy shall exist by evidence, and the original shall not be deemed to have been duly constituted.

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