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.

1. On March 23, 2005, the Plaintiff asserted that the Plaintiff lent the amount of KRW 57 million to the Defendant on September 30, 2005, with interest rate of KRW 55% per month and due date of repayment as of September 30, 2005.

Therefore, the defendant is obligated to pay the plaintiff 21,000,000 won and damages for delay, which are part of the loan, to the plaintiff.

2. Determination

A. The submission of document No. 18 (Evidence No. 1) shall be based on the original. The submission of document is inappropriate as a matter of principle because the submission of document is not the original, but merely a copy, as there is no accuracy guarantee. Thus, if disputes over the existence of the original and the authenticity of the establishment of the original are raised against the other party, and the other party raises an objection against the substitution of the original, the copy may not be substituted by the original. On the other hand, if the copy is submitted as the original, it shall not be an independent documentary evidence, nor shall the copy be produced by the independent documentary evidence, but if there is no other evidence that there is the same original as the copy by evidence, and it is not recognized that the original has been duly established. However, if the applicant party loses the original document or damages it 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 document, it shall be presented as evidence to the effect that the Plaintiff is either impossible or not presented as a copy of the original document (see, e.g., Supreme Court Decision 200208Du3).