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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
The plaintiff himself, on April 30, 2005, lent 50 million won to the defendant on April 30, 2007 by setting the due date on April 30, 2007, but later extended the due date on April 30, 2010, and received a cash custody certificate from the defendant, so the defendant is liable to pay 50 million won and damages for delay to the plaintiff upon the return of the loan or the cash custody certificate.
The evidence No. 1 (cash custody certificate) that corresponds to the plaintiff's assertion is that the witness C's testimony to the effect that the former representative director D is prepared by the defendant's former representative director D has made a statement contrary to the defendant's testimony to B, and it is difficult to believe it as it is in light of the fact that the defendant's testimony has made a statement contrary to the contents of the defendant's testimony to
Meanwhile, the testimony of the witness C of the first instance court to the effect that the evidence No. 2 (cash storage certificate) was duly formed is difficult to believe for the reasons as seen earlier, and in light of the evidence No. 5, No. 6-1 through No. 8, and No. 8-1 through No. 7, the defendant’s seal impression No. 4-1 to No. 14, No. 5, and No. 6-1 cannot be admitted as evidence, because it is difficult to recognize that the defendant’s seal impression affixed on No. 4-1, No. 5, and No. 6-1 is based on the defendant’s seal, the above evidence of the plaintiff’s submission alone is insufficient to acknowledge the authenticity of No. 2 (cash storage certificate) and there is no other evidence to prove it otherwise.
In addition, as seen earlier, the witness C’s testimony cannot be trusted, and there is no other evidence to acknowledge the Plaintiff’s assertion.
Therefore, the plaintiff's claim is dismissed due to the lack of reason, and the judgment of the court of first instance is just and reasonable, and the plaintiff's appeal is dismissed.