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(영문) 부산고등법원(창원) 2019.05.23 2018나13557
청구이의
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the

2. The parties' assertion

A. The plaintiffs' assertion regarding the defendant's claim against the plaintiffs (hereinafter "the claim of this case") in accordance with the related judgment, ① after having agreed with the defendant to reduce the amount of KRW 600 million by arbitration of GGun M, the above KRW 600 million was paid through M. Even if there was no agreement between the defendant and the defendant, ② even if there was no agreement between the defendant and the defendant, the defendant paid the amount of KRW 600 million by proxy M, or ③ G group repaid the amount of KRW 600 million to the defendant as a third party, compulsory execution based on the related

B. The defendant's assertion is merely a receipt of KRW 600 million from G group under the pretext of risk charges or damages in preparation for cases where the execution of the above claim is impossible by withdrawing a lawsuit for revocation of fraudulent act filed against G group for the preservation of the claim of this case. The defendant did not agree with the plaintiffs to reduce the claim of this case. The plaintiffs granted the right of representation for repayment of the above claim to M or M did not clearly indicate that M had the right of representation. In preparing the letter of agreement of this case, it cannot be deemed that G group paid the claim of this case as a third party by clarifying that there is no relation with the claim of this case based on the related judgment. Thus, the plaintiffs' claim cannot be complied with.

3. Determination

A. According to the following: (a) written evidence Nos. 2 and 7 of the judgment on the Plaintiff’s claim for payment through a reduction agreement and agent (the Plaintiff’s claim for payment (the Plaintiff’s claim 1, 2) and each of the results and arguments of the first instance court’s order to submit financial transaction information to L unions of the first instance court; (b) Plaintiff A paid KRW 50 million to M from December 6, 2017 to December 14, 2017; and (c) M paid KRW 550 million on December 14, 2017.

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