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(영문) 창원지방법원 2014.12.23 2014나5092
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons why the citer of the judgment of the court of first instance states concerning this case are as follows, except for adding the following judgments to the pertinent part, thereby citing the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Defendants asserted that the Plaintiff’s claim is groundless since the amount equivalent to the amount of damages against the Plaintiff was deposited and the obligation was extinguished.

B. According to each description of evidence Nos. 12-1 and 2, Defendant B, at the Changwon District Court on April 30, 2014, deposited KRW 6,538,296 as the Plaintiff (No. 699 in 2014), and Defendant C, at the Changwon District Court on April 30, 2014, deposited KRW 950,821 as the Plaintiff (No. 700 in 2014) with the deposited person as the Plaintiff at the Changwon District Court on April 30, 2014.

C. However, the obligor’s deposit of the cause of deposit must deposit the entire amount of the obligation if the obligor intends to discharge his/her obligation with the deposit, and the deposit of a part may not take effect, unless the obligee accepts it (see, e.g., Supreme Court Decision 2011Da11580, Dec. 13, 201). Each of the above deposits by the Defendants is effective as part of the damage compensation against the Plaintiff.

There is no evidence to prove that the plaintiff or the plaintiff accepted it, and therefore the above deposit by the defendants is invalid.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendants' appeal is dismissed as it is without merit. It is so decided as per Disposition.

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