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1. The Plaintiff, Defendant C, and Defendant C, jointly and severally with Defendant C, are KRW 1,583,33, and Defendant D and E, respectively.
Reasons
1. Basic facts
A. On July 1, 1996, the Plaintiff drafted a written agreement with Defendant B, stating that “In relation to the instant case in which the Plaintiff filed a criminal complaint against the said Defendant, Defendant B shall pay the Plaintiff KRW 50,000,000 out of the amount of damages 250,000,000 (hereinafter “instant agreement amount”) up to July 31, 1996 (hereinafter “each of the instant agreements”).
B. The deceased F (hereinafter “the deceased”) and the Defendant C guaranteed Defendant B’s obligation to the Plaintiff on the same day.
C. The Deceased died on August 7, 2008, and the Defendant C, D, and E, the wife, succeeded to the Deceased.
[Ground for recognition] Unsatisfy
2. As to the instant lawsuit claiming the payment of the instant agreed amount against the Defendants, the Defendants asserted that the instant lawsuit was unlawful as it was filed in violation of the non-committee agreement.
The submission or delivery of a document shall be made by the original, original, or certified copy. Thus, the submission of evidence by only a simple copy, other than the original, original, or certified copy, is inappropriate in principle as there is no guarantee of accuracy. In particular, in the absence of any dispute over the existence of the original and the authenticity of the establishment, and in the absence of objection from the other party against the other party, the copy cannot be substituted by the original. On the other hand, in the event the copy is submitted as the original, the copy shall not be an independent documentary evidence, but in this case, the copy shall not be deemed to have been submitted by the original, and in this case, there is no evidence that there is no such a copy, unless there is the same original as the copy by evidence, and the original is deemed to have been duly established.
(see, e.g., Supreme Court Decision 2000Da66133, Aug. 23, 2002). The deceased and the part mentioned as a handwritten evidence (contestation) from lives, and No. B (contestation).