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(영문) 부산고등법원 2021.02.17 2020나53173
사용료등
Text

1. The judgment of the first instance is modified as follows.

A. The plaintiff's lawsuit of this case against the defendant is dismissed.

(b).

Reasons

1. On December 10, 2019, the first instance court dismissed the part of the Plaintiff’s claim against the Defendant for delayed damages arising from KRW 168,515,501, among the Plaintiff’s lawsuit against the Defendant, and the part of the claim against the Defendant by the Plaintiff’s succeeding Intervenor B (hereinafter “Plaintiff’s succeeding Intervenor B”), and dismissed the Plaintiff’s remainder claim against the Defendant and the remainder of the Plaintiff’s succeeding Intervenor B.

Since only the defendant appealed, only the part against the defendant is subject to the judgment of this Court.

2. The reasoning of the judgment of the court of first instance that accepted the judgment is as stated in the reasoning of the judgment of the court of first instance, except when the judgment is used or added as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The part of the judgment of the court of first instance, which is dismissed or added, from 4 pages 9 to 16, is reversed as follows.

E. The Plaintiff’s Intervenor B Company B (hereinafter “Plaintiff’s Intervenor B”) was issued a seizure and collection order with the amount of the claim for the instant rent, etc. to be paid by the Defendant as KRW 168,515,501, with the amount of the claim for the instant rent, etc. paid by the Plaintiff as KRW 168,515,501 on December 9, 2019, based on the executory copy of the 1353 document prepared by the notary public F Office No. 1353, Dec. 4, 2019.

2) The Intervenor G Co., Ltd. succeeding to the Plaintiff (hereinafter “Plaintiff Intervenor G”) based on the original copy of the executory payment order in the case of Plaintiff G G Co., Ltd. (hereinafter “Plaintiff Intervenor G”) with the Busan District Court Branch 2018 tea 2649. On February 20, 2019, the debtor and the third party are the Defendant as the Plaintiff and the third party, and the Plaintiff’s claim amounting to KRW 79,802,255 with respect to the instant claims, such as the instant rent, etc. paid by the Defendant.

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