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(영문) 수원지방법원 2018.05.23 2017나78650
청구이의
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 reasoning for the court’s explanation concerning this case is as follows: “No. 8, 2017, Apr. 8, 2017” in Part 3 of the judgment of the court of first instance shall be “No. 2017, Apr. 28, 2017”; “G” in Part 4, “F” shall be read as “F”; the Defendant’s assertion added to this court is identical to the ground for the judgment of the court of first instance, except for the addition of the following “2. Additional Determination”, and thus, it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. The Defendant asserts to the effect that the instant payment order issued on the premise that the Plaintiff’s lessee of the instant building had a claim to return the lease deposit against the lessee C is lawful, even if the lessee of the instant building was F, as F sub-leaseed the instant building to C, the Plaintiff, the lessor, bears the duty to return the lease deposit to the lessee C. Therefore, the instant payment order issued on the premise that C

However, there is no evidence to acknowledge the sub-lease of the instant building to C, and even if the sub-lease contract for the instant building was concluded between F and C, the sub-leaser C does not have the right to claim the return of the lease deposit against the Plaintiff, the lessor, and the above argument by the Defendant is without merit.

3. In conclusion, the plaintiff's claim is justified, and the judgment of the court of first instance is justified, and the defendant's appeal is dismissed and it is so decided as per Disposition.

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