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1. Of the judgment of the court of first instance, KRW 74,629,00 against the Plaintiff and the Plaintiff’s objection thereto from June 10, 2016 to October 17, 2018.
Reasons
1. Determination as to the cause of claim
A. Fact-finding 1) The Plaintiff is a company that produces and supplies materials necessary for fishery business, and the Defendant is a corporation that runs the fishery business. 2) The Plaintiff’s account in the name of the Defendant: (a) KRW 10,000,000 on September 28, 2012; and (b) KRW 10,000 on November 2, 2012; and (c) KRW 10,000 on December 31, 2012; and (b) KRW 20,000,000 on February 2, 2013; and KRW 10,000,000 on April 11, 2014; and KRW 10,000 on May 20, 2014; and KRW 10,000,000 on May 30, 2014; and (c) KRW 10,015,00 on October 10, 2015.
3) Each entry is written on the aggregate table of accounts by customer, as reported by the Plaintiff to the competent tax office, at KRW 45,60,000,000, KRW 98,000,000, KRW 45,000, and KRW 40,000, in 2013. [Grounds for recognition] The fact that there is no partial dispute, Party A’s 3, 4, and Party B’s 8 (including numbered; hereinafter the same shall apply).
each entry, the testimony of the witness C of the first instance trial, and the purport of the whole pleadings.
B. Determination 1) As to the evidence Nos. 2, 5, and 6 through 9 [the Defendant’s evidence Nos. 5 (transaction Book) from the 6th date for pleading ( April 19, 2017) of the first instance court’s first instance trial, the first instance court disputes as to the evidence Nos. 7 (Identification Card) and 8 (Report Nos. 7 and Vehicle Operation Certificate) from the 7th date for pleading ( May 17, 2017) of the instant case.
However, a private document may be admitted as evidence only when its authenticity is proven, and there is no special restriction on the method of proof, and even in cases where a person who raised the document on the site did not prove the establishment thereof, the court may recognize its establishment by taking account of the overall purport of pleadings, instead of other evidence (see, e.g., Supreme Court Decision 92Da12070, Apr. 13, 1993). In light of the overall purport of the pleadings, the authenticity of each of the above evidence is recognized, and therefore, it can be admitted as evidence.
In light of the following circumstances, the Defendant’s overall purport of each entry and pleading as a whole: (a) from the Plaintiff, on April 42, 2012.