1. The appeal by the primary defendant is dismissed.

2. The appeal cost shall be borne by the primary defendant.

purport, purport, and.

The plaintiff filed a claim against the defendant A for the amount of subrogation and the amount receivable by exercising the right of pledge in subrogation of the person who performed the obligation to pay the principal obligation. The court of first instance accepted the claim against the primary defendant and dismissed the claim against the primary defendant for the breach of the duty of notification.

In response to this, only the primary defendant appealed, but only one of the primary co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the confirmation of the claim part against the other co-litigants shall be prevented, and the appeal shall be transferred to the appellate court (see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 201). As such, the part of the claim against the conjunctive defendant by the primary defendant's appeal became the scope of the trial of this court.

Therefore, this decision is judged together.

The reasoning of this part is that the court's reasoning is the same as that of the judgment of the court of first instance, and this part of the reasoning is cited by the main text of Article 420 of the Civil Procedure Act.

Whether Defendant A succeeds to the status of the third obligor of a pledge or is a lessor who bears the obligation to return the lease deposit against the lessee, the status of the third obligor ordered to prohibit the payment of the obligation to return the lease deposit under the premise that it is natural that the lessee is the lessor who bears the obligation to return the lease deposit. Thus, if the status of the third obligor is transferred to the assignee in whole, if the status of the lessor is transferred to the assignee in whole, the status of the third obligor of provisional seizure of claims is transferred along with the status of the lessor.

(See Supreme Court en banc Decision 2011Da49523 Decided January 17, 2013). A pledgee may directly claim a claim that is the subject of a pledge. If the subject matter of a claim is money, the pledgee shall be limited to his/her own claim.