차임등
1. Of the judgment of the first instance court, the Defendants jointly with the Defendants and Defendant B with the Plaintiff KRW 21,381,970, and with respect thereto.
1. The reasoning for the court’s explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.
2. Determination as to the claim against the defendant B
A. The Plaintiff asserts that, with respect to the cause of the claim, Defendant B is obligated to pay the sum of KRW 54,60,000 for 14 months from October 20, 2015 to December 14, 2016, and electricity charges of KRW 3,178,950, urban gas charges of KRW 2,286,490, and water supply and sewerage charges of KRW 2,878,420.
First, it is considered to be the amount of overdue rent.
The time when the plaintiff asserts in arrears is October 20, 2015.
On the other hand, according to the above facts of recognition, Defendant D transferred all the equipment of the instant store to the Plaintiff free of charge as of May 2016 and April 19, 2016.
Since "" reached an agreement, it is reasonable to deem that the lease contract was terminated and the store of this case was delivered.
In light of this, it is reasonable to view the completion period of overdue charge as April 19, 2016.
Therefore, the overdue charge that Defendant B shall pay to the Plaintiff is KRW 23,400,000 (=3,900,000 x 6 months).
Meanwhile, according to the overall purport of evidence Nos. 8, 9, and 10 of the instant store’s electric charges of KRW 3,178,950, urban gas charges of KRW 2,286,490, and water supply and sewerage charges of KRW 2,516,530 (the instant lease agreement was terminated on April 19, 2016). The water rate used on April 2016 is normally imposed on the Plaintiff on May 2016, the due date of payment, namely, the water rate of KRW 3,178,950, KRW 2,286,490, and KRW 2,516,530, and the water supply and sewerage charges of KRW 2,516,530 (as seen above, the instant lease agreement was terminated on April 19, 2016). The Plaintiff is obligated to pay the aggregate of the water rate of KRW 10 from May 20, 2016.