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(영문) 서울고등법원 2018.12.13 2018나2020932
청구이의
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

(b).

Reasons

1. The reasoning of the judgment of the court of first instance (such as law, precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, determination of issues, etc.) is sufficiently reasonable as a result of determining issues in accordance with the appellate court’s methods and principles, laws, precedents, legal principles and rules of evidence based on the litigation materials and arguments submitted to the appellate court citing the court of first instance.

The reasoning for this Court concerning this case is as stated in the part of the judgment of the first instance except for further determination as to the matters alleged as the grounds for appeal by the Plaintiff and the Defendant, as set forth in paragraph (2) and paragraph (3) below. Thus, this Court cited this case as it is included in summary under the main sentence of Article 420 of the Civil Procedure Act.

2. (a) On the 2nd part of the judgment of the court of first instance, part of the judgment, 2nd 15th 2nd “Tho L&C Co., Ltd.” and 3th 2nd 2nd 15th 2nd 2nd 2nd 2nd 2nd 3rd 2nd 3rd 3rd 3rd 3rd 3rd 3rd 2nd

(b) Part 3 of the judgment of the first instance court, No. 13, “H Co., Ltd. (hereinafter “Nonindicted Co., Ltd”)” and “Nonindicted Co., Ltd.” are all “H Co., Ltd.” and “Nonindicted Co., Ltd.”.

(c) On the 10th page 14th of the judgment of the court of first instance, the witness J, K and the lower court’s “J,K” shall all be admitted to the witness J, K and the lower court’s “J, and K”.

(d) No. 17 of the judgment of the court of first instance, "K for witnesses" was added to "K for witnesses of the court of first instance."

3. Additional determination on the grounds for appeal

A. 1) With respect to the plaintiff's assertion that the defendant cannot claim the unpaid deposit and unpaid monthly rent, the defendant has the authority to receive and deliver the deposit and monthly rent to the sub-party or the lessor in the capacity of the sub-party or the sub-party or his agent, and the plaintiff's unpaid deposit and unpaid monthly rent are not the plaintiff's creditors.

It is proved that the defendant acquired the unpaid deposit and monthly rent from the sub-contractor or lessor.

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