Main Issues

The actual cases recognizing the fact of lending and borrowing of money by the witness's testimony and the rules of evidence as long as the contact with each other is not contacted and contradictory;

Summary of Judgment

The actual cases recognizing the fact of lending and borrowing of money by the witness's testimony and the rules of evidence as long as the contact with each other is not contacted and contradictory;

Plaintiff-Appellee

Analvatization

Defendant-Appellant

Kim Young-line

Judgment of the lower court

Seoul High Court Decision 4294 Civil Gong1620 decided May 30, 1962

Text

The original judgment shall be reversed.

Reasons

The gist of the grounds of appeal by the defendant is that the court below found that the defendant borrowed money from the plaintiff was erroneous in violation of the rules of evidence collection. The court below acknowledged that the plaintiff lent money to the non-party 1 Kim Jong-chul through the statement of evidence No. 1 and the testimony of the non-party 1 and the non-party 2 trial witness Kim Jong-chul, but the plaintiff's testimony at the court of first instance as well as the plaintiff's testimony during the above 30 years prior to the plaintiff 4 years prior to the above testimony that the plaintiff was aware of about 10 million won as well as the plaintiff's debt, and the defendant's testimony was not contradictory to the defendant 1's first testimony during the 0 days prior to the above 30 days prior to the above testimony that the plaintiff's testimony was delivered to the non-party 1 and the defendant's testimony was not contradictory to the defendant 1's first testimony during the 0 days prior to the above testimony.