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(영문) 서울중앙지방법원 2016.11.09 2016나20526
양수금
Text

1. Defendant F’s appeal is dismissed.

2. The costs of the lawsuit after the appeal shall be borne by the defendant F.

purport, purport, and.

Reasons

1. In the first instance trial of this court, the Plaintiff primarily claimed for the payment of KRW 100 million on behalf of the above Defendants A, B, C, D, and E against Defendant F for the reimbursement of KRW 100 million on the lease deposit against the 1 and 2nd floor of Jongno-gu Seoul Jongno-gu Seoul J ground building (hereinafter “the instant building”). Under the premise that the Plaintiff should return the lease deposit against the 100 million on behalf of the said Defendants on behalf of the said Defendants on behalf of the said Defendants as the lessor, the Plaintiff subrogated the lessee to pay the above KRW 100 million on behalf of the said Defendants. The Plaintiff claimed for the payment of KRW 100 million on behalf of the said Defendants on behalf of the said Defendants on behalf of the said Defendants. If the lease deposit to be returned is not KRW 100 million,000,000,000,000,000,000,000 to be returned to the said Defendants, it is compatible with the Civil Procedure Act.

The court of the first instance dismissed the claim against the primary defendant A, B, C, D, and E and sentenced to the judgment accepting the claim against the primary defendant F, and only the primary defendant F filed an appeal against the losing part. In the preliminary co-litigation, if an appeal is filed against any one of the primary co-litigants and the conjunctive co-litigants, the part of the claim against the other co-litigants shall also be transferred to the appellate court and becomes subject to the appellate judgment (see, e.g., Supreme Court Decisions 2009Da4355, Feb. 24, 2011; 2006Du1765, Mar. 27, 2008); and the part of the claim against the primary defendant A, B, C, D, and E shall also be subject to the appellate judgment; Provided, That the primary defendant A, C, D, and E shall be in the position of "parties" without filing an appeal without filing an appeal.

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