If a creditor holds a certificate of claim and does not issue a receipt, whether the creditor is aware of payment in accordance with the rule of experience.

Since a creditor who borrowed money falls under extremely different cases, the fact that he/she is in possession of a certificate of causes such as a loan, etc. without issuing and delivering a receipt, etc. proving the repayment after the creditor received the loan from the debtor, and that he/she is in possession of the certificate of causes such as the loan, etc., it shall be examined and determined as to the above special circumstances by clearly stating special circumstances such as the failure to collect the loan certificate, etc. or the delay of issuing a receipt.

Article 187 of the Civil Procedure Act

Supreme Court Decision 85Meu297 Decided July 9, 1985

[Judgment of the court below]

Defendant

Msan District Court Decision 85Na13 delivered on May 10, 1985

The judgment of the court below is reversed, and the case is remanded to Msan District Court Panel Division.

The grounds of appeal by the plaintiff and his/her attorney are examined together.

According to the reasoning of the judgment below, the court below determined that the plaintiff lent 3,00,000 won to the defendant on August 12, 1982 with 3% interest per annum and 3% per annum on February 28, 1983, and that the defendant paid the plaintiff the above debt to the non-party 1 with money borrowed from the non-party 1 on October 1982, 1982 after adding the whole purport of the oral argument to the non-party 1's testimony, the defendant paid the above debt to the non-party 1. However, the defendant was in a relationship with the plaintiff after the above monetary transaction had occurred with the plaintiff, and thus the defendant did not receive a receipt from the plaintiff or receive a loan certificate. However, the above witness's testimony was lent 3,00,000 won to the defendant on October 10, 1982, and the fact that the defendant paid the above amount to the plaintiff with the above money was merely from the defendant, and there was no evidence that the defendant's testimony and the defendant's testimony did not change from the date of pleading.

According to the records, it is evident that the creditor who borrowed the original money received a loan from the debtor and did not issue a receipt, etc. proving the repayment, and held a certificate of cause such as a loan, etc., without issuing or delivering a receipt, etc. to the debtor. Thus, if it is intended to recognize the repayment under such circumstances, it shall be deliberated and determined as to the above special circumstances by clearly stating the special circumstance that it is impossible to recover the loan certificate, etc. or the annual payment without issuing a receipt (see Supreme Court Decision 85Hun-297, Jul. 9, 1985). (See Supreme Court Decision 85Hun-Ga297, Jul. 9, 1985)

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Jong-sung (Presiding Justice)