채무인수금 지급
1. The Defendant shall pay to the Plaintiff KRW 35,190,815 and interest rate of KRW 15% per annum from February 9, 2019 to the date of complete payment.
1. Determination as to the cause of claim
(a)The facts subsequent to the facts of recognition may be found to be without dispute between the parties or by adding to the whole purport of the arguments in each entry in Gap evidence 1 to 14 (including paper numbers) and Eul evidence 1 to 3:
(1) The Plaintiff is the owner of Songpa-gu Seoul Metropolitan Government C building, and the Defendant is the representative director of D (hereinafter referred to as “D”), joint representative director of E (hereinafter referred to as “E”), joint representative director of E (hereinafter referred to as “F”) and auditor of F (hereinafter referred to as “F”).
(2) On June 29, 2016, the Plaintiff concluded a lease contract with respect to D and lease deposit of KRW 30 million, monthly rent of KRW 2000,000 (in addition, the additional tax is paid on the last day of each month), and from June 27, 2016 to June 26, 2018, and D paid KRW 15,000,000 out of the lease deposit to the Plaintiff.
(3) D requested that part of the instant real estate be used by E companies related to D. On May 16, 2017, the Plaintiff changed the lease area into KRW 143.6 square meters, KRW 20 million, and KRW 1400,000 per month, and KRW 71.8 square meters among the instant real estate E and the instant real estate on the same day, and concluded a lease contract with the Plaintiff from May 16, 2017 to June 26, 2018, and the Plaintiff paid KRW 10,000,000,000 as to the lease deposit for KRW 71.8 square meters among the instant real estate E and the instant real estate from May 16, 2017.
(4) D did not delay that it was several times during the lease term, and E also did not delay that it was a vehicle continuously after the conclusion of the lease contract.
Accordingly, the Plaintiff demanded the Defendant to pay the overdue rent. On July 24, 2018, the Plaintiff and the Defendant drafted a written agreement (hereinafter “instant agreement”) with the following terms, and the said written agreement contains D including overdue charge of the unpaid lease deposit, unpaid rent and management fee, etc. as of July 24, 2018.