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(영문) 서울북부지방법원 2017.01.20 2015가단41982
임차보증금반환등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 101,153,820 and the interest rate thereon from October 29, 2015 to the date of full payment.

Reasons

. Claim against Defendant B is unjust.

B. (1) Determination (1) The instant sales contract’s legal nature of the instant sales contract is that Defendant B assumes obligations, such as the instant lease deposit, and pays it to the Plaintiff. As a substitute for the payment of the purchase price to Defendant C, this constitutes a contract for a third party whose beneficiary is a summary of Defendant C, Defendant B’s abortion, and Plaintiff.

(2) The Defendants asserted that the instant sales contract was rescinded by the rescission of the instant agreement, or that the said rescission was withdrawn, and still denied the Defendants’ obligation to return the leased deposit, etc. on the premise that the instant sales contract is valid.

In case of a contract for a third party, after the third party's right has been created pursuant to Article 539(2) of the Civil Act, the parties to the contract shall not modify or extinguish the third party's right."* Article 539 of the Civil Act* When one of the parties has agreed to perform to a third party under a contract, the third party may directly request the debtor to perform the contract. ② In case of the preceding paragraph, if the third party has expressed his/her intent to receive the benefit of the contract to the debtor and the third party has already been finally reverted to the third party, the third party's right may be modified or extinguished by the agreement between the summary and the abortion, unless the third party has consented, and if the party to the contract arbitrarily alters or terminates the third party's right, it shall be deemed that the third party has no effect on the third party.

(1) The Defendants, who were to return to the instant case, shall be deemed to have been in the form of a health care unit (see, e.g., Supreme Court Decision 2001Da30285, Jan. 25, 20

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