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Reasons
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(영문) 서울고등법원 2018.05.16 2017나2072547
공탁금 출급청구권 확인
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. A around July 30, 2013, from D around July 30, 2013, leased a lease deposit of KRW 2.5 billion from September 16, 2013 to September 15, 2016, a lease of KRW 100 million from D’s 1,770.74 square meters for 1,770 square meters for 1,770 square meters for 1,770 square meters for 1,000,000 won for 20,000 won for 20

B. In June 2016, the Defendant agreed with A to lend KRW 1.5 billion to patrolmen A, and to add the Defendant to the lessee of the said lease agreement by means of securing the payment of the said loan claim.

C. On June 19, 2014, the Defendant, A, and D changed part of the lease agreement by adding the Defendant to the lessee under the above lease agreement. The part related to the issue of the instant case in the modified contract is as follows.

(hereinafter referred to as the "Lease Agreement" refers to the same modification. Do / [Lease] D / [Lessee] A, Defendant 14 (Prohibition of Assignment of Rights and Sub-lease)

1.The lessee may not assign or sublease any rights and obligations under this lease to a third party and may not assign or sublet any claims under this contract as security.

2. The lessee shall not sublease all or part of the leased object to a third party, and the lessee shall not change his first business registration name to a joint business proprietor without transferring it to a third party; and

Provided, That the foregoing shall not apply where the lessor consents thereto.

3. If a lessee violates the preceding paragraph, the lessor may unilaterally terminate the present contract, and the lessee may not raise an objection.

Article 31 (Matters under Special Agreement)

5. The lessor shall perform his/her obligations to the lessee, such as notification to the lessee and return of the lease deposit due to the termination of this contract.

Around June 24, 2014, the Defendant leased KRW 1.5 billion to A with interest rate of KRW 2% per annum, and thereafter received KRW 1.0 billion from A during the period from November 24, 2015 to November 26, 2015.

E. A shall be the Plaintiff on November 15, 2015.

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