차임등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. As to the judgment of the court of first instance that was rendered on April 4, 2016 by the Defendant, the Defendant filed an appeal for subsequent completion on November 9, 2018. In full view of the records and the purport of the entire pleadings in the instant case, the first instance court proceeded with the litigation by means of public notice from the delivery of a copy of the complaint against the Defendant to the Defendant. On November 9, 2018, the Defendant appears to have known of the judgment of the first instance and the fact that the original copy of the judgment was served by public notice. Thus, the instant appeal for subsequent completion filed within two weeks thereafter is lawful.
2. Basic facts
A. On June 19, 2015, the Plaintiff entered into a sublease contract with the Defendant and the co-defendant C of the first instance trial (hereinafter referred to as “Co-defendant of the first instance trial”) on the first floor cell phone store (hereinafter referred to as “instant store”) located in the building D of the Busan Suwon-gu (hereinafter referred to as “instant store”); the sublease deposit amount of KRW 3 million; the rent monthly; and the sublease period of KRW 300,000,000 from June 1, 2015 to December 31, 2015; and the Defendant and C received a delivery of the instant store thereafter.
B. The Defendant and C did not pay KRW 745,770,000,000 for two months of rent under the instant sublease contract and KRW 745,770,00 from June to August 2015, to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, the purport of the whole pleadings
3. Determination
A. According to the above facts, barring any special circumstance, the Defendant, jointly with C, has a duty to pay jointly the Plaintiff a total of KRW 6,745,770 (=6 million won) due to the instant sub-lease contract and damages for delay calculated at the rate of 15% per annum from February 13, 2016 to the date of the final delivery of the copy of the instant complaint, as sought by the Plaintiff.
(b).