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(영문) 서울고등법원 2015.02.04 2013나59045
임대차보증금반환등
Text

1. Of the part against Defendant C in the judgment of the court of first instance, the part against Defendant C ordering payment exceeding the following amount:

Reasons

1. The reasoning for the court’s explanation on the instant case is as follows: (a) the reasoning for the judgment of the first instance is identical to that for the instant case; and (b) the reasoning for the court’s explanation is cited in accordance with the main sentence of Article 420 of

[Supplementary or supplementary parts] The 3rd to 21th to 4th shall be added as follows.

“Defendant B issued, on January 10, 201, a promissory note payable at sight on the date of the due date on January 10, 201, with respect to the above settlement settlement obligation, to the Plaintiff, and issued a notarial deed recognizing compulsory execution. In addition, on January 19, 201, the Plaintiff acquired the right to refund KRW 20,000,000 from Defendant C and D each of the above lease deposit against Defendant C and D, and the Defendant B notified and notified the respective transfer by content-certified mail to Defendant C and D on January 28, 201, and added the evidence No. 17, “No. 15,” under Section 4 subparag. 12, subparag. 12, 2011.”

2. Determination as to the cause of action

A. A creditor may exercise the debtor's right on behalf of the debtor in order to preserve the debtor's claim. Thus, in cases where the creditor's right to preserve and the debtor's right to exercise on behalf of the debtor is closely related, and the creditor's right to exercise on behalf of the debtor is at the risk of not being able to obtain the complete satisfaction of his/her claim unless he/she exercises on behalf of the debtor's right, and where it is necessary to ensure that the exercise of the creditor's right to exercise on behalf of the debtor is valid and appropriate, barring special circumstances, such as the exercise of the creditor's right to exercise on behalf of the debtor's right to exercise on behalf of the

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