logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.09.11 2017가단106167
청구이의의 소
Text

1. The defendant's judgment against the plaintiff is based on the Seoul Central District Court 2015 Ghana213942 damages claim against the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was sentenced to the following judgment in the Defendant and C’s Seoul Central District Court 2015 Ghana213942 (the damages claim)

(hereinafter “Case of Compensation for Damages”): The Pronouncement on October 28, 2015: “The Plaintiff shall pay 5,650,000 won to the Defendant, and 5% per annum from April 28, 2015 to October 28, 2015, and 20% per annum from the following day to the day of full payment.”

B. The Plaintiff deposited the principal and interest of the above judgment with the Defendant as the deposited person, as follows.

Date of deposit: The deposit number on December 10, 2015: The principal and interest of the judgment (275,534 won for delay until the date of deposit of principal 5,650,000 won) (based on recognition) / Each statement in the evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. While the Plaintiff intended to pay the principal and interest to the Defendant, the Plaintiff’s claim that the above judgment amount should be extinguished and the compulsory execution should be dismissed.

B. In order to claim the Defendant’s rejection of receipt as the cause of deposit, the Defendant, the obligee, even though the Plaintiff, who was the obligee, provided repayment, must prove the fact that the Defendant did not receive it.

On the other hand, where it is obvious that the debtor refuses to accept the performance of the obligation even if the debtor provided the performance of the obligation with the view of the creditor's attitude, the debtor may deposit the performance immediately without providing the performance.

(See Supreme Court Decision 93Da42276 delivered on August 26, 1994, etc.). C.

In light of the above legal principles, in full view of the following circumstances acknowledged by comprehensively taking account of the descriptions (including paper numbers) of evidence Nos. 3 through 13 and the purport of the entire pleadings, it is deemed that the Defendant, a creditor, refused to accept the case, and the Plaintiff’s decision is deemed as the Defendant’s attitude.

arrow