logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2017.03.30 2016나10341
양수금
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

The reasoning of this Court's judgment citing the judgment of the court of first instance is as follows, and this Court's judgment is citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for dismissal or addition as follows.

(However, the portion of the decision of the court of first instance, which is considered to be the withdrawal of appeal and determined separately as the withdrawal of appeal, shall be excluded from the part of the Jinjin, D, J, and M). The portion of the decision of the court of first instance, which is advanced or added, “No. B, No. 8, 12, and 13” shall be deemed to be “No. B, No. 3, 8, 12, and 13.”

The 12th court ruling below shall be added below to the second below:

67,813 won after deducting the direct payment of subcontract price from 55,167,813 won for Q from the Defendant’s obligation to the Plaintiff G for payment, and 241,000 won for the delayed payment thereof. The Defendant asserts that the obligor was exempted from all obligations to the Plaintiffs by depositing the entire amount of the obligation. The obligor’s deposit is required to deposit the entire amount of the obligation in order to discharge the obligation by deposit. Except where there are special circumstances where it is possible for the obligee to be deemed that the partial provision of the obligation is effective in the repayment of the obligation, the deposit cannot take effect corresponding to the deposit unless the obligee accepts it (see, e.g., Supreme Court Decision 201Da11580, Dec. 13, 201). According to the statement set forth in No. 14, the Defendant asserted that part of the Plaintiff’s deposit was made from 100 to 1506, Mar. 23, 2016.

arrow