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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. It is concluded between the defendant and the co-defendant D of the first instance trial.
Reasons
1. Basic facts
A. On February 20, 2016, Co-Defendant D of the first instance trial: (a) borrowed money from the Plaintiff and the designated parties (including the Plaintiff and the designated parties) on several occasions; (b) written confirmation that “D borrowed total of KRW 42,450,000 from the Plaintiff, KRW 25,000,000 from the Appointed B, and KRW 19,50,000,000 from the Appointed C” (hereinafter “instant confirmation”).
B. On July 27, 2015, the Defendant and D entered into a lease agreement with the lessor G and D on KRW 1130,000,00 with respect to the term “F apartment 113 Dong 105” (hereinafter “instant lease agreement”) and subsequently, on December 16, 2015, the lessee of the said lease agreement was changed from D to the Defendant.
C. At the time of December 16, 2015, D had no particular active property except for the instant lease deposit, while D had been in excess of the debt, such as bearing the loan obligations against the Plaintiffs.
On the other hand, D was charged with summary indictment of KRW 7,00,000 on June 15, 2017, on the charge that “In order to escape from compulsory execution, the name of the tenant under the instant lease agreement was changed to the name of the husband, and thereby doing harm to the obligee and L, respectively, by changing the name of the tenant under the instant lease agreement to the name of the husband, and around December 16, 2015.”
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 9 (including branch numbers, hereinafter the same shall apply), Eul evidence 3 and 6, the purport of the whole pleadings
2. The parties' assertion
A. The Defendant was detained on the charge of causing injury in D. The Defendant entered into a lease agreement with J as to No. 203, No. 102, and No. 203 (hereinafter “I Building No. 203”) of the I Building No. 102 and No. 4 (hereinafter “No. 203”), which was owned by the Defendant, around July 2015, the lease deposit amount of KRW 180,00,000, which was received from J, was charged to D.
Since then D received from the Defendant.