The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The submission or delivery of a document shall be made as the original, and the submission of evidence by only a copy, not just as the original, is unlawful in principle because there is no guarantee of accuracy. Thus, if there is dispute over the existence of the original and the authenticity of the establishment, and there is an objection from the other party against the representation 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 otherwise, the original shall not be deemed to have been submitted by the independent documentary evidence. In this case, there is no evidence beyond the fact that there is a copy, such as the copy, by evidence, and unless it is recognized that the original has been duly established.

However, the applicant party lost the original document.

If the original document is damaged 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 is impossible to submit the original document or not required to submit the original document in unrealistic circumstances, such as where the original document is a large quantity of documents, etc. However, in such cases, it is necessary to prove and prove the specific reasons why the party who applied for the relevant document can not submit the original document.

(See Supreme Court Decision 200Da66133 Decided August 29, 2002, and 2009Da96403 Decided February 25, 2010, etc.). 2. According to the reasoning of the lower judgment, the lower court deemed that the instant bill of lading (hereinafter “instant bill of lading”) included in the terms and conditions was issued and delivered to the Plaintiff, and that the instant bill of lading (hereinafter “instant bill of lading”) was exclusive as provided in the back clause.