건물인도등
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 75,718,61 and KRW 57,945,066 among them, from June 27, 2017, and KRW 17,73.
1. Facts of recognition;
A. The Plaintiff is a legal entity that operates information and communications business, Defendant B is a personal business entity that opens and sells mobile phones with the trade name of “E” at the stores adjacent to the Damsan-gu, Ansan-si (hereinafter “D store”), and Defendant C is a partner of Defendant B.
B. On December 31, 2013, the Plaintiff entered into a consignment agency contract with Defendant B, and the above Defendant to take charge of the Plaintiff’s business of selling wire products and services and receive fees (hereinafter “instant consignment agency contract”).
Defendant C jointly and severally guaranteed the obligation under the above contract of Defendant C.
C. Around August 2013, the Plaintiff leased the F Ground Store F in Ansan-si, a member-si, and then subleted it to G to operate a mobile phone store (hereinafter “H store”). G Co., Ltd. (hereinafter “H store”). around January 2015, the Plaintiff was recovered from the said H store.
around January 2015, the Defendants agreed with the Plaintiff to operate a mobile phone store at H points from February 1, 2015, and operated H points after being delivered.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 10, and the purport of the whole pleadings
2. Determination
A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 3, 4, 8, and 10 of H point overdue rent and management expenses, the Defendants agreed to pay KRW 220,000,000 per month of rent and management expenses (including value-added tax) without a lease deposit under the condition of H point operation. Upon the Defendants’ delinquency in rent and management expenses from November 16, 2015, the Plaintiff sent the content-certified mail demanding the Defendants to terminate the said agreement from H point to February 15, 2016, and thereafter, received the said content-certified mail to the Defendants. On April 7, 2017, the Plaintiff sought delivery of H points, overdue rent and management expenses, or refund of the same amount as the unjust enrichment.