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(영문) 수원지방법원여주지원 2017.07.19 2016가단57354
구상금
Text

1. As to the Plaintiff’s KRW 26,00,000 and KRW 2,000 among them, the Defendant shall pay to the Plaintiff KRW 26,00,000,000 from November 29, 2016.

Reasons

1. Basic facts

A. The Plaintiff, a company running the mixed feed sales business, etc. from around 2005 to around 2014, as a company operating the mixed feed sales business, operated the Karoglass Fura Co., Ltd. (hereinafter “Non-Party Company”)’s (hereinafter “Non-Party Company”)’s agents of Empia and Empia, and arranged for the supply of feed between the Defendant operating the Non-Party Company and the two-party Company during

B. Around March 27, 2013, the Defendant’s obligation to pay for the non-party company was KRW 525,237,829, but the Defendant’s obligation to pay for the non-party company was KRW 20 million on March 30, 2013, and KRW 24 million on the same day was paid to the non-party company, and the Defendant’s obligation to pay for the non-party company was KRW 49,237,829.

C. On March 30, 2013, among the Plaintiff’s deposit, KRW 4 million was withdrawn as a loan to the Defendant, and on the same day, KRW 24 million was withdrawn as the content of “Defendant substitute payment.”

B A around March 28, 2017, transferred to the Plaintiff the claim for reimbursement of KRW 24 million against the Defendant, and notified the Defendant of the assignment of the claim on April 5, 2017, and around that time, the notice was delivered to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, 9, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the plaintiff and B subrogated to the non-party company for the payment of 26 million won (2 million won, B 24 million won) of the defendant's feed payment to the non-party company on March 30, 2013. The plaintiff and B paid for the defendant on behalf of the debtor without the plaintiff's request (Article 444 and Article 444 of the Civil Act) corresponding to the guarantor who was not requested by the plaintiff and B (Article 44 and Article 444 of the Civil Act) (1) of the Civil Act (Article 739 and Article 739 of the Civil Act shall be compensated to the extent that they received at the time if the person who became guarantor without the request of the principal obligor, has discharged the principal obligation at his own expense or at his own expense, the principal debtor shall be compensated to the extent that he received at that time) or

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