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1. Of the judgment of the first instance court, the part against Defendant B and the amount equivalent to the following amount ordered to be paid.
Reasons
1. Facts of recognition;
A. On November 11, 2005, Defendant B leased the instant store from Defendant D with a lease deposit of KRW 30 million and the lease term of KRW 24 months from November 11, 2005 (hereinafter “instant lease contract”).
The lease deposit is stated in the lease contract as KRW 50 million, and the remaining KRW 30 million is paid on June 11, 2006 at the time of the contract, but the lease deposit actually paid by Defendant B is KRW 30 million.
(2) After Defendant B operated a branch office with the trade name “E” at the instant store, and made a report on the closure of February 26, 2013, and Defendant B’s business registration on March 8, 2013, and Defendant D and the instant store lease agreement (hereinafter “instant lease agreement”) was made on the same day after Defendant B’s business registration was made on the same trade name.
B. On June 1, 2012, the Plaintiff received an order for payment of KRW 5 million and delay damages from the Jeonju District Court 2012 tea2834, and the above order for payment became final and conclusive on August 22, 2015. (2) On August 17, 2015, the Plaintiff, as the title of execution, designated Defendant B, C, and C, as Defendant D, as the former Jeju District Court 2015TT6859, the debtor as Defendant B, C, and C, and the third debtor as the title of execution of the above order for payment, with the amount of KRW 16,361,70 as the principal and interest based on the above order for payment (hereinafter “instant order for seizure and collection”), and the above order for collection was served on Defendant D on the 20th of the same month.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 9, Eul evidence 1 to 4, 16, Eul evidence 1 to 16, Eul evidence 1 (including branch numbers), the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The gist of the claim by the 1st party regarding the lessee of the instant store is to obtain the seizure and collection order of the instant claim.