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(영문) 수원지방법원 2017.09.28 2017나57707
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following additional determination as to the assertion that the plaintiff emphasizes as the grounds for appeal. Therefore, it shall be quoted by the main sentence of Article 420

2. As the grounds of appeal, the Plaintiff emphasizes that D provided a claim for the return of premium to C as security.

However, even according to the statement in the evidence No. 4 (Agreement), D appears to have offered the right to lease in a store to “third party” as a security to “A,” and it is not the promise to return the premium from “Defendant” to “C to pay the debt.”

Therefore, even if D provided a claim for the return of premium to C as collateral, it is not possible for the Plaintiff to claim the amount equivalent to the premium to the Defendant. Therefore, the Plaintiff’s assertion cannot be accepted.

3. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed.

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