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(영문) 창원지방법원 2017.11.02 2017나1879
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Determination as to the cause of the claim and the defendant's defense (1) around January 2005, the plaintiff paid 2,680,000 won to the freight borrower of C Co., Ltd. (hereinafter "C") on behalf of the plaintiff, and the defendant jointly guaranteed C's liability for reimbursement against the plaintiff, and 2. The plaintiff applied for a payment order against the defendant, D, and C as the Changwon District Court 2005Da4928 on August 10, 2005 and applied for a payment order against the defendant, D, and C on August 10, 2005, and the above court jointly and severally received a payment order stating that "the defendant, D, and C shall jointly and severally pay the plaintiff 2,680,000 won and the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of full payment." The original copy of the payment

9.6. The established facts are either in dispute between the parties or may be admitted by the statement in Gap evidence 1.

On the other hand, the defendant alleged that he paid the above money to the plaintiff, but the evidence submitted by the defendant alone is insufficient to recognize the fact of repayment, and there is no other evidence to acknowledge it

Therefore, the defendant is obligated to pay 2,680,000 won under the above payment order finalized against the plaintiff and 20% interest per annum from August 23, 2005 to the date of full payment.

2. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed without merit. Since the part against the plaintiff falling under the above scope of recognition is unfair with different conclusions, it is so revoked, order to pay the above money to the defendant, and order to dismiss the remaining appeal by the plaintiff. It is so decided as per Disposition.

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