[대여금][공1984.9.15.(736),1427]
Evidence of a disposal document which is recognized to have been authentic
Where the formation of a disposal document is recognized as authentic, the existence of the content of the legal act must be recognized unless there is a clear and acceptable reason to deny the content thereof.
Article 328 of the Civil Procedure Act
Plaintiff
Defendant
Suwon District Court Decision 83Na538 delivered on February 10, 1984
The part of the judgment below against the plaintiff is reversed, and that part of the case is remanded to Suwon District Court Panel Division.
The grounds of appeal are examined.
According to the judgment of the court below, the court below rejected the defendant's assertion that the plaintiff extended 4,800,000 won to the defendant from August 4, 1979 to November 16, 190, and paid 1,000 won to the defendant for a loan of KRW 3,80,000 to the defendant, and there is no dispute over the establishment of Gap evidence No. 1 that the defendant's mother's debt amount against the non-party 1 was confirmed as her mother's opinion. However, the court below's determination that the defendant's disposal of the above 100,000 won was 10,000 won as of March 28, 1980, and the defendant's disposal of the above 100,000 won was 10,000 won as evidence and there is no clear and acceptable evidence that the defendant's disposal of the above 10,000 won was 10,000 won as to the non-party witness's loan.
Therefore, the part of the judgment below against the plaintiff is reversed, and this part of the case is remanded to Suwon District Court Panel Division, which is the court below, and it is so decided as per Disposition by the assent of all participating Justices
Justices Jeong Tae-tae (Presiding Justice)