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(영문) 인천지방법원 2017.11.30 2017나59737
임대보증금반환
Text

1. The plaintiff's appeal against the defendant C corporation is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

purport.

Reasons

In the first instance trial, the Plaintiff primarily claimed the Defendant C Co., Ltd. (hereinafter “Defendant C”) to return the lease deposit amount of KRW 80 million to Defendant B (hereinafter “Defendant B”), and the first instance court dismissed the Plaintiff’s primary claim against the Defendant C and accepted only the said conjunctive claim against the Defendant B.

Accordingly, the plaintiff appealed against the above main claim against the plaintiff, and the defendant B appealed against the above main claim against the plaintiff, but withdrawn the appeal.

In a subjective preliminary co-litigation, if an appeal is filed against any one of the main co-litigants or preliminary co-litigants, the part of the claim against other co-litigants shall be transferred to the appellate court, and they are subject to the judgment of the appellate court.

In this case, the scope of the adjudication on the appeal shall be determined by considering the necessity for the unity of the conclusion between the primary and the primary co-litigants and their parties (see, e.g., Supreme Court Decisions 2009Da4355, Feb. 24, 201; 2006Du17765, Mar. 27, 2008). As the plaintiff filed an appeal against the primary defendant C, the part of the claim against the primary defendant B is also required to be consolidated, so this part of the judgment was transferred to the court.

Basic Facts

The Plaintiff is a person engaged in trade wholesale business under the trade name of “D.”

On January 28, 2012, Defendant C entered into a “F logistics complex management and attraction contract” that allows Defendant B to take charge of the management of E and prospective site F logistics complexes (hereinafter “instant logistics complex”) and attracting enterprises, and provides 1,000 square meters out of the instant logistics complex as management expenses.

[Grounds for recognition] The Plaintiff’s assertion as to the claim against Defendant C, which is the purport of the entire pleadings, is without dispute. The Plaintiff’s assertion as to the claim against Defendant C on July 12, 2012.

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