beta
Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. According to the overall purport of Gap's statements and arguments as to the legitimacy of the part of the lawsuit in this case concerning the claim for management expenses (whether the requirements for the exercise of creditor's subrogation right) and Gap's evidence Nos. 1 through 5, 9 through 17, the defendant is the owner of the second floor above ground (hereinafter "the commercial building in this case"), and the plaintiff was leased and used the commercial building in this case from the defendant around November 10, 2014; the plaintiff was managing C, including the commercial building in this case; the corporation F (hereinafter "non-party company"); the plaintiff entered into a loan agreement with the non-party company between May 26, 2015 and February 1, 2017, and the non-party company directly paid the loans to the non-party company at the request of the non-party company for the loan of the non-party company, and the non-party company acquired the above amount of loans to the non-party company without exercising the management expenses against the non-party company's property.
According to the above facts, the plaintiff's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor
As such, the necessity of preservation is also recognized.
2. Determination as to the cause of action
A. The Plaintiff is asserting that the Defendant’s obligation to pay management expenses was extinguished upon the completion of the extinctive prescription of the above management expenses, on behalf of the Nonparty Company, for the payment of KRW 2,724,614 to the Defendant from May 2008 to November 2014.
According to the above facts of recognition, the defendant is non-party to the plaintiff unless there are special circumstances.