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All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
Reasons
The grounds of appeal are examined.
1. The quasi-joint and several liability is a legal relationship between many parties, each of which independently and severally assumes the obligation to repay the entire obligation to creditors, and the status of creditors is strengthened compared to the joint and several liability.
A creditor may demand performance within the scope of his/her liability to anyone among the debtors, and the grounds that accrue to a debtor shall not have the same effect as repayment, etc. that can be deemed to reach the satisfaction of the creditor.
Where a large-sum obligor makes a partial repayment when an amount different from one another is jointly and severally liable, the part to be extinguished in the first place by the large-sum obligor shall be deemed to be the part to be solely liable for the obligation.
This conclusion accords with the purport of the quasi-joint and several liability system that ensuress the full payment of obligations to creditors regardless of their financial ability, repayment order, and reimbursement relationship among them.
(see Supreme Court en banc Decision 2012Da74236 Decided March 22, 2018). 2. A.
The judgment below
According to the reasons, the following facts are revealed.
(1) During the period from 2009 to 2012, the Plaintiffs entered into a lease agreement with the co-defendant I, a representative of H, the owner of the instant multi-family house, and paid the lease deposit.
(2) The owner on the registry of the instant site, in which the instant multi-family house was located, was not H but AC, and the said clan sold the instant site to AD.
AD filed a lawsuit against the plaintiffs to leave the building, and the plaintiffs were removed from the multi-family house of this case without refund of all the lease deposit.
(3) I concluded a lease contract with the Plaintiffs, and the instant multi-family house.