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1. Of the judgment of the first instance court, the part of the conjunctive claim against Defendant D, which constitutes the money ordering payment as follows:
Reasons
1. Basic facts
A. Defendant D’s store lease and convenience store opening business: (a) on October 7, 2010, Defendant D leased a deposit of KRW 10,000,000, monthly rent of KRW 600,000, and the lease period of KRW 600,000 from October 14, 2010 to October 14, 2015; and (b) around that time, Defendant D entered into a franchise agreement with Korea Development Association (Korea Development Association (hereinafter “Korea Development Association”); and (c) under the name of a business owner, the franchise business owner of equipped with equipped convenience stores (hereinafter “Korea Development Association”); and (d) concluded the instant convenience store under the name of the H.
B. On October 31, 201, Defendant E set the instant store from Defendant D to October 30, 201, with a deposit of KRW 5,000,000, monthly rent of KRW 600,000, and the sublease period from October 31, 201 to October 30, 2015. At that time, Defendant E acquired and operated the instant convenience store operation right from Defendant D.
(2) On April 14, 2012, the Plaintiff entered into a contract (hereinafter “instant contract for the transfer of rights”) under which Defendant E acquired all the rights, such as the goodwill and facilities, of the instant convenience store from the Defendant E (hereinafter “instant premium”). On July 1, 2012, the Plaintiff entered into a contract for the transfer of rights from Defendant D to KRW 20,000 for the instant premium (hereinafter “instant sub-lease contract”). On July 1, 2012, the Plaintiff entered into a sub-lease contract with Defendant D to KRW 5,00,000 for the instant store (hereinafter “instant deposit”), monthly rent KRW 60,000 for the instant rent, and the period from July 1, 2012 to October 30, 2015 for the sublease period (hereinafter “sub-lease contract”).
[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, Gap 4 evidence (as stated in Gap 15 evidence) and the purport of whole pleadings
2. Judgment as to the main claim
A. (1) The plaintiff's assertion is that the transfer contract of right and the sub-lease contract of this case are made by the broker of defendant C, who is an employee of the I company.