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1. D’s right to deposit KRW 8,475,100 deposited by Daejeon District Court Decision 6569 on November 10, 2016.
Reasons
Facts of recognition
The following facts are not in dispute between the plaintiff and the defendant Eul, or can be acknowledged by comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 8, 12 through 15. The above facts do not interfere with the above recognition only with the entries in Gap evidence Nos. 11 and Eul evidence Nos. 1 and 2, and there is no other counter-proof, and between the plaintiff and defendant C, it is deemed that defendant C led to confession pursuant to Article 150(1) of the Civil Procedure Act.
1) Defendant C’s transfer of business between the Defendants and Defendant C’s lease agreement, etc. 1) E is an underground floor among the buildings located in the Jung-gu Daejeon District of Daejeon owned D from D (hereinafter “instant building”).
B) The lease deposit shall be KRW 10 million, and the rent shall be KRW 400,000 per month, and the restaurant in the part of the instant building (hereinafter “instant restaurant”).
(2) Around April 2014, Defendant B entered into a lease agreement stipulating that the instant part of the building was leased KRW 10 million between D and D, the lease deposit amount of KRW 400,000,000,000 for rent, and the lease term was from April 14, 2014 to April 14, 2016.
3) On April 11, 2014, Defendant B paid the lease deposit of KRW 10 million to D, and the amount of KRW 24 million for business takeover to E on the same day. Since that time, Defendant B operated the instant restaurant at around that time, Defendant B transferred the instant restaurant business to Defendant C around August 2014 (i.e., KRW 40 million (= lease deposit of KRW 10 million).
Accordingly, from September 1, 2014, Defendant C operated the instant restaurant from around September 1, 2014.
5) After November 2014, Defendant C entered into a lease agreement with Defendant B, with the consent of Defendant B, stating that the instant building portion is leased KRW 10 million in terms of the lease deposit, KRW 400,000 in terms of rent, KRW 400,000 in terms of rent, and KRW 400,000 in terms of rent, from November 10, 2014 to November 10, 2016 (hereinafter “instant lease agreement”).
2.3.2