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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The Defendant’s KRW 42,120,000 for the Plaintiff and its related costs.
Reasons
1. Determination as to the cause of claim
A. The parties’ assertion and corresponding evidence 1) The Plaintiff entered into a transaction with the Defendant on credit from November 22, 2006 to November 23, 201, and gave a loan to the Defendant. Accordingly, as of September 26, 2013, the Plaintiff asserted that the total amount of the remainder of the pre-delivery and the loan amount that the Defendant is liable to pay to the Plaintiff is KRW 72,120,000, and the Plaintiff entered into a copy of the account book (Evidence 1; hereinafter “Plaintiff’s account book”).
(2) As of November 23, 2011, the Defendant asserted that, as of November 23, 201, the remaining amount that the Defendant is obliged to pay to the Plaintiff is KRW 31,640,000, and the Defendant also submitted as evidence the account book prepared to the Plaintiff (Evidence 1; hereinafter “Defendant’s account book”).
B. Determination 1) In light of the following circumstances, the credibility of the Plaintiff’s book-keeping evidence Nos. 1 through 5 (including paper numbers), the partial entry of evidence Nos. 1, and the witness C’s testimony, as a whole, are recorded in the Plaintiff’s book-keeping records. ① The Plaintiff’s book-keeping records are recorded in the Plaintiff’s book-keeping records on a mechanical basis with the opposite contractual party while lending the Plaintiff’s transaction or money, and the method and body of the preparation are deemed to have been recorded in the same number of persons in light of the method of preparation and body. ② The Plaintiff’s book-keeping records each of the following:
Plaintiff
Defendant 209 No statement of KRW 7,00,000 shall be made on December 2, 2009.