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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the parties' arguments;
A. On September 24, 2014, the Plaintiff repeatedly traded money by, inter alia, repaying the obligation to return the lease deposit that the Defendant is obliged to pay to the Plaintiff KRW 20,000,000, and the Defendant agreed to pay the Plaintiff KRW 25,000,000 and the delay damages therefrom.
Therefore, the defendant is obligated to pay to the plaintiff the above agreed amount of KRW 25,000,000 and damages for delay.
B. The Plaintiff is a real estate broker who had the real estate owned by the Defendant to dispose of the real estate, and the Defendant’s certificate of seal impression and certificate of seal impression acquired as an opportunity to dispose of the real estate owned by the Defendant was arbitrarily prepared on September 24, 2014, and the Defendant has more money than the money received from the Plaintiff.
2. Determination on the admissibility of evidence No. 1
A. The relevant legal review evidence is a method of proving the facts requiring proof by using the author’s intent expressed in the document as evidentiary materials. As such, first of all, it should be revealed that the document was prepared on the basis of the will of the person asserted by the person who prepared the document as evidence. After recognizing the formal evidence capacity, the substantial probative value of how much the author’s intent is useful as evidence of the facts requiring proof should be determined.
Meanwhile, the submission or delivery of a document shall be made with the original, original, or certified copy (see Article 355 of the Civil Procedure Act). Thus, the submission of evidence by simple copies, not with the original, original, or certified copy, is unlawful in principle as there is no accuracy guarantee. If there is a dispute over the existence of the original and the authenticity of the establishment, and there is an objection against the other party regarding the substitution of the original, a copy may not be substituted by the original. On the other hand, if a copy is submitted as the original, the copy shall not be an independent documentary evidence, or it shall not be deemed that the original was submitted by that means.