임차료
1. Of the judgment of the first instance court, KRW 12,507,961 for each of the plaintiffs against the defendant and its related thereto from May 8, 2019 to May 7, 2020.
1. The grounds of the judgment of the court of first instance for the facts constituting the basis.
subsection (1)
D. Paragraph 2 is replaced by one another as follows, and this court's reasoning is same as Paragraph 1 of the reasoning of the judgment of the court of first instance. Thus, this part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. The Plaintiffs, including the Plaintiffs’ acquisition of ownership, concluded a sales contract with D on September 12, 2017 for the instant building, and completed the registration of share transfer on November 30, 2017 for each of the instant buildings.
In addition, the plaintiffs paid 16,918,666 won, including the rent, management fee, and additional tax, which the defendant did not pay under the preceding lease agreement (i.e., the rent that the defendant did not pay from July 9, 2017 to November 30, 2017, and the 15,078,666 won in total from June 9, 2017 to November 30, 2017, and the 8% prior lease agreement for the unpaid rent of KRW 15,078,666 shall be paid at 8% interest per month when the monthly overdue rent is overdue (Paragraph 4 of the special agreement).
2) As of March 8, 2019, the rent and value-added tax that the Defendant did not pay to the Plaintiffs as of March 8, 2019 (=2,530,000 won x 15 months from December 9, 2017 to March 8, 2019.
2. Determination as to the cause of action
A. According to the above facts, the instant lease contract was lawfully terminated on or around March 13, 2019 on the grounds of the Defendant’s delinquency in rent, and the Defendant is obligated to pay KRW 7,950,000 (=37,950,000 - 30,000) calculated by deducting the deposit for lease from the total amount of KRW 37,950,000, which was unpaid to the Plaintiffs.
B. The Plaintiffs also seek payment of 1,579,075 won (i.e., damages for delay calculated at the rate of 8% per annum for the total amount of subrogated payment and the amount of subrogated payment calculated at the rate of 19,320,000 won per month for the unpaid rent and damages for delay calculated at the rate of 8% per annum for the unpaid rent (=16,918,666 x 0.08 x 0.08 x 14/12).
With respect to monetary obligations.