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(영문) 광주지방법원 2017.08.25 2016나61494
대위변제금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

The reasoning for the court's explanation of this case is as follows, the part of "2. plaintiff's assertion" between 2.2, 17 and 3.10 of the judgment of the court of first instance, and the part of "A, 27 of the judgment of the court of first instance," and the part of "A, 1 through 30 of the evidence (including the provisional number)" among 3. 12 of the judgment of the court of first instance, and the witness's testimony of the court of first instance are the same as the statement of the judgment of the court of first instance except for using "A, 1 through 30 of the evidence (including the provisional number), and the witness's testimony of the court of first instance C"

[2]The plaintiff's assertion C, Won, and the defendant established D, paid most of the investments to C, but the plaintiff was originally responsible for the operation of the corporation and the defendant, and thereafter C paid the funds in the form of investment and loan to D. However, upon asserting C to share the investments and loan to the plaintiff and the defendant, C, Won, and the defendant agreed to adjust C in the manner of repaying C's repayment of the funds to the plaintiff and the defendant according to the ratio of shares to D. Accordingly, C's reimbursement of 450 million won to the plaintiff and the defendant. Since C's reimbursement of the funds to the plaintiff from July 2, 2012 to June 30, 2016, the plaintiff's reimbursement of KRW 250 million to the plaintiff and the defendant's reimbursement of KRW 305 million to each of the plaintiff and the defendant's reimbursement of KRW 400 million to the plaintiff and the defendant's reimbursement of KRW 400 million to each of the above 300 million to the plaintiff.

The first instance court.

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