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(영문) 청주지방법원 2015.01.29 2013나5030
대여금등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "1,931" following the "1,931" of Part 2, Part 19 of the judgment of the court of first instance; "1,2" of Part 4; "1,2" of Part 4; "23" is added to "19" after the "19 of Part 4; "35,000,000 won" of Part 3, 10 and 41; "35,000,000 won" of Part 12 of the judgment of the court of first instance; "No. 4,27" of Part 4; "No. 1,27 of the witness of the court of first instance"; "No. 4,27 of the witness of the court of first instance; and "no. 4,000,000 won" of the witness of the witness of the court of first instance; and "no. 1,27 of the court of first instance and the witness of second instance" of the judgment are as they are.

[Judgment on the Plaintiff’s 1, 2]

A. The plaintiff asserts that the plaintiff is obligated to pay 200,000 won to G upon the defendant's request (hereinafter "the first repayment of this case") and the J paid 240,000 won (hereinafter "the second repayment of this case"). Thus, the defendant is obligated to pay the plaintiff a sum of 4,000 won with the amount of indemnity.

As to this, the defendant asserts that the plaintiff, a third party without interest, has no effect on the defendant's conduct of repayment Nos. 1 and 2 of this case without the defendant's consent.

B. (1) Determination (1) Article 469(2) of the Civil Act provides that a third party without interest shall not be paid against the obligor’s will. Since a person with interested interests as referred to in the above provision is in a position where performance would be executed by the obligee or would lose the obligor’s right, the person shall be naturally entitled to the protection of subrogation by performance.

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