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(영문) 서울북부지방법원 2018.04.12 2017나32174
임차보증금반환등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment by the court concerning this part of the facts of recognition is identical to the facts of recognition under Article 420 of the Civil Procedure Act, since the reasoning of the judgment by the court of first instance is the same as that by Article 2-4 of the judgment.

2. The parties' assertion

A. Defendant B, upon entering into the instant sales contract with Defendant C, agreed to accept the instant lease deposit, etc. in lieu of the payment of part of the intermediate payment (hereinafter “instant acquisition agreement”), Defendant C’s obligation to pay the instant lease deposit, etc. jointly with the Plaintiff.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the balance of the lease deposit, etc. of this case, KRW 101,153,820, and delay damages.

B. Defendant C’s assertion ① The legal nature of the acquisition agreement of this case is not the assumption of an obligation, but the Plaintiff consented thereto. As such, Defendant C is merely the underwriter, and the obligation to pay the lease deposit of this case is not the Defendant C, and is not the party who withdrawn from the lease agreement of this case.

② Even if the legal nature of the acquisition agreement of this case is the assumption of an obligation, it shall be deemed that the obligation is not the overlapping assumption of obligation, and thus, the Plaintiff’s claim against Defendant C is unreasonable.

C. Defendant B’s assertion (1) The instant sales contract was rescinded upon termination of the agreement.

② Defendant C is a system that connects community posters and the computer of the center to a commercial store, such as SPS, as a drug of SPS-Of-ale.

If the code attached to the product is read from the glicker's screen, the sales of the product is recorded along with the receipt, and the product information is accurately identified and ordered automatically.

In addition, the comprehensive information processing system for sending identified product information to the computer of the center from the communication line is also realized.

By manipulating the sales records of computerized data, the monthly sales of the store of this case are 4 million to 6 million won.

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