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1. Defendant B and Defendant D shall jointly and severally serve as KRW 20,000,000 on the Plaintiff and as a result, from April 3, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. On April 1, 2014, the Plaintiff entered into a credit card inquiry contract with the F Co., Ltd., Ltd., a company operating Scmarket in Scmarket E, Sinsi-si on April 1, 201, under the condition that at least 630,000 cards have been generated for 36 months, and that at least 17,000 households have been used on an average monthly basis, the Plaintiff paid subsidies of KRW 20,000 to the F.
However, if the credit card use case is less than 80% of the monthly average contract number, the contract is terminated and the amount of the subsidy paid by the plaintiff is paid as penalty.
B. On December 28, 2014, the above Smarket sold the above Smarket to Defendant B under the brokerage of Defendant D, and the Defendant B operates it under the name of Defendant C.
C. Defendant B and F entered into a contract with Defendant B to pay 20 million won of the subsidy that the Plaintiff provided to F by succession, and reflected it in calculating the purchase price.
At this time, Defendant D agreed to be liable for the succession of the contract between Defendant B and F in the event that the attempted succession of the transaction partner is not made smoothly.
Defendant B did not use the credit card inquiry service provided by the Plaintiff.
[Ground of Recognition] between the Plaintiff, Defendant B, and C: The absence of dispute, each entry in Gap evidence Nos. 1 through 4, the purport of the whole pleadings, and the relationship between the Plaintiff and Defendant D: deemed confession
2. Determination
A. According to the above facts of recognition, Defendant B and F entered into a contract with Defendant B to take over the obligation owed by Defendant B to the Plaintiff, and Defendant D guaranteed the performance, and Defendant B did not use credit card inquiry service provided by the Defendant.
In addition, the Plaintiff’s seeking the return of the subsidy against Defendant B and Defendant D means approving the debt acquisition agreement concluded between the above F and Defendant B and Defendant D.
Therefore, Defendant B and Defendant D shall be jointly and severally.