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(영문) 부산지방법원 2017.12.21 2017나42798
물품대금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. The reasoning of the court's explanation as to this case is as follows, except where the court added the judgment as to the defense for repayment by the Defendants in the court of first instance, the reasoning of the judgment is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main text of Article 42

2. The defendants' defenses against the defendants are asserted to the effect that the plaintiff's claim was extinguished by depositing KRW 11,00,000 to the plaintiff in the relevant criminal case.

In order for the obligor to be exempted from the obligation by deposit due to the cause of deposit, the entire amount of the obligation shall be deposited, and the partial deposit shall not take effect unless the obligee accepts it, unless there are special circumstances under which partial provision may be deemed effective upon repayment of the obligation.

(See Supreme Court Decision 201Da11580 Decided December 13, 2011). Defendant C, while the first instance court is pending in a criminal case relating to the coolant of this case, shall make a deposit of KRW 3,00,000 on June 7, 2017, and KRW 8,000,000 on June 21, 201 (hereinafter “the deposit of this case”), and the fact that the Plaintiff received the deposit of this case is either disputed between the parties or recognized by comprehensively taking account of the overall purport of the pleadings in the statement in subparagraphs 4-1 and 2 of the evidence No. 4.

If so, 11,00,000 won out of the Plaintiff’s claim for the installation of the cooling house in this case was repaid due to the above repayment deposit and the Plaintiff’s receipt, and this is considered to have an absolute effect.

If each of the above repayment deposits is appropriated in the order of interest and principal pursuant to the provisions of statutory appropriation under Article 479 of the Civil Act, the following table is as follows. Therefore, the balance of the claim for installation of the cooling house in this case as of June 21, 2017, which is the last date of payment deposit, is KRW 19,136,437.

Therefore, the Defendants jointly do not perform their duties from June 22, 2017, the following day after the repayment deposit amounting to KRW 19,136,437.

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