Destruction of the original judgment based on the violation of the rules of evidence and the permission for appeal

Even in the case of an adjudication on permission, the fact-finding that is contrary to the empirical rule and the rejection of a letter shall not be exempted from the corruption that affected the judgment by the rules of evidence. Therefore, the argument pointing this out shall be reversed on the grounds that the original judgment is reasonable.

Article 12(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

[Judgment of the court below]

Attorney Go Jae-ho et al., Counsel for defendant-appellant

Seoul Civil District Court Decision 82Na126 delivered on June 2, 1982

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

The Plaintiff’s attorney’s ground of appeal is examined.

According to the reasoning of the judgment below, the court below acknowledged that the loan 2,00,00 won was extended to the defendant on September 7, 1979 by the plaintiff 10, and the loan 12.7% per annum to the non-party 1, and the defendant did not dispute between the parties. The loan 2,00,000 won was paid to the plaintiff on December 20, 1979 and the interest 2,000 won was paid to the non-party 1 to the non-party 1 and the non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 1's witness'.

Nevertheless, the court below acknowledged that the Defendant’s debt of this case against the Plaintiff was extinguished by delivering it to Nonparty 1 at the Plaintiff’s request, and rejected the above evidence No. 1 and Nonparty 2’s testimony by Nonparty 1 witness of the court of first instance, it is hard to avoid criticism that it affected the judgment by misunderstanding of the rules of evidence and thereby, it is reasonable to point this out.

Therefore, without further proceeding to decide on other grounds of appeal, the judgment of the court below is reversed and the case to be tried again is remanded to the Panel Division of the Seoul Civil Procedure District Court. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Jong-young (Presiding Justice)