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(영문) 대법원 2021.03.25 2020다260346
추심금
Text

All appeals are dismissed.

The defendant shall bear the costs of appeal.

Reasons

The grounds of appeal are examined.

The lower court rejected the Defendant’s assertion that the gold claim of this case was extinguished due to full repayment, and accepted the Plaintiffs’ claim on the grounds indicated in its reasoning.

In light of the relevant legal principles and records, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, or by misapprehending the legal principles regarding the effect of the decision of provisional seizure, collection act and effect of collection according to a collection order, and repayment to quasi-Possessor of the claim, etc.

Therefore, all appeals by the defendant are dismissed, and the costs of appeal are borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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