Defendant (Attorney Kim Il-sik et al., Counsel for the defendant-appellant)

Seoul Central District Court Order 2009Kadan144157 dated October 30, 2009

The appeal of this case is dismissed.

The appellant asserts to the effect that the submission of the video and photograph files ordered by the court of first instance may be changed by means of re-comting, etc. in the event they are stored in CDs and delivered to the other party, and that it is inappropriate to prove that the Plaintiff, who has the burden of proof, has the data that he/she received from the Defendant. However, the submission order is merely an order to submit to the court, and it is not acceptable to accept the allegation that the Plaintiff, the other party, may change the data (in addition, even if the Plaintiff changed the data, the submission order shall not be problematic as long as the Defendant has the original file), and that the court orders the other party to submit data at the request of a person who bears the burden of proof

Therefore, the appeal of this case is dismissed.

Judges Kim Yong-dae (Presiding Judge)