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(영문) 부산지방법원 2015.06.05 2014나16729
청구이의
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the court's explanation of this case is based on the 4th judgment of the court of first instance, the 15th judgment " around January 2007" as " around January 2009"; and (b) the defendant's argument in the trial is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments as to the defendant's argument in the trial of the court of first instance; (c) thus,

2. Additional determination

A. The Defendant’s reimbursement of KRW 23,785,260 against G was appropriated for KRW 23,770,000 from January 30, 203 to January 2003 under the instant payment order against G. Meanwhile, on March 27, 2002, the Defendant concluded an entrustment management contract with the Plaintiff for the instant truck, and as G jointly and severally guaranteed the above consignment management contract, G has the obligation to pay management expenses, etc. to the Defendant from March 27, 2002 to June 30, 2009, which is the day immediately before the date when the Defendant entered into the entrustment management contract with J., and thus, the Defendant’s reimbursement amount, such as unpaid management expenses, etc. for the Defendant’s payment of G accrued from March 203 to June 30, 2009, should be permitted to enforce the instant payment order against the Plaintiffs.

B. Determination 1) Since the enforcement force of the payment order is not related to the claim for performance indicated in the payment order, the creditor cannot assert the enforcement force of the payment order by asserting other claims separate from the claim indicated in the payment order in question. In full view of the whole purport of the pleadings, the defendant applied for the payment order seeking the payment of the guaranteed debt between the plaintiff B and the defendant as the Busan District Court on January 2003, 2003, as the plaintiff B and the defendant on March 22, 2002, and the above court on March 10, 2003, as the payment order was finalized on March 27, 2003.

However, the instant payment order is issued.

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