[대여백미등][집14(2)민,112]
It is against the rules of evidence that the court's determination that the evidence can not be easily produced is against the rules of evidence
Among the witness Gap's testimony, the testimony that the plaintiff lent 200 U.S. dollars to the defendant is evidence of facts requiring proof, and whether or not the court adopts this testimony depends on the court's free evaluation of evidence. Thus, the court below's decision that the above testimony portion cannot be evidence of evidence is against the rules of evidence.
Article 187 of the Civil Procedure Act
Plaintiff
Defendant
Jeonju District Court Decision 66Na1 delivered on April 5, 1966
The part against the plaintiff concerning 200 U.S. dollars among the original judgment shall be reversed, and the case concerning this part shall be remanded to the Jeonju District Court Panel Division.
The plaintiff's remaining appeals are dismissed.
The plaintiff's grounds of appeal are examined.
On March 5, 1962, the original judgment rejected the plaintiff's claim. The plaintiff lent 2 Gazy (125 Gazye) to the defendant to pay up to 10.30 Gazy, and 3.10 Dozye of March 10 of the same year lent 3,000 Dozye to the same day. 40 Dozye of May 17 of the same year, 40 Dozye new 90 won, 450 Dozye 100 Dozye 100 won and 100 Dozye 100, so far, the court below ruled that the defendant's testimony of non-party 1 and non-party 2 was not in violation of the original judgment, but in violation of the rules of evidence concerning non-party 3's testimony and the remaining part concerning non-party 3's testimony cannot be found to have been rejected as evidence of the court's judgment.
Justices of the Supreme Court (Presiding Judge) Mag-kim Kim-bun and Magman