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(영문) 서울고등법원 2015.04.10 2014나54764
대여금
Text

1. Of the part against the plaintiff in the judgment of the court of first instance, a request for evacuation as to each store listed in paragraphs 1 and 2 of the attached Table 1.

Reasons

The judgment of the party prior to the remanding of the case after remanding the case, which is subject to the judgment of the court after the remanding of the case, shall partially revoke the judgment of the court of first instance to the effect that the defendant should pay the plaintiff the amount calculated at the rate of 24% per annum from May 13, 2008 to the date of full payment. ② The defendant's appeal against the judgment of the court of first instance ordering the delivery of each store listed in the attached Table 2 (hereinafter "Class 2") shall be dismissed. ③ The order to issue an order to issue an order to issue an warehouse listed in the attached Table 4, ③ while the order to issue an order to issue an order to issue an warehouse, the plaintiff's claim to pay the remaining amount against the defendant, and each order to issue an order to issue an office listed in the attached Table 1 (hereinafter "place listed in the attached Table 1") was dismissed. The plaintiff only appealed against the judgment of the court of first instance before remanding, and the part of the claim is reversed and remanded to this court.

Therefore, the subject of the judgment after remand is limited to the part that was reversed and remanded, i.e., the name of the first list store.

On November 29, 2007, the Defendant agreed to provide the Plaintiff with the right of lease of the first list store by borrowing money from the Plaintiff on November 29, 2007.

Therefore, as a tenant under the lease contract or the exercise of the above contract security interest, the plaintiff seeks the name of the store in the first list to the defendant.

The defendant alleged that the plaintiff provided the right to lease of the first list store as security to the plaintiff. However, the defendant asserted that the obligation to order the first list store was extinguished, since the security was replaced by the right to lease of the second list store instead of the right to lease of the first list store, upon receiving a request from the plaintiff to replace the security.

. Determination.

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