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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Determination as to Plaintiff A’s claim
A. On August 11, 2004, upon the Defendant’s request, the Plaintiff’s assertion A leased the 302 and 303 units of the Do Building, Jung-gu, Seoul (hereinafter “instant building”) under the name of E Co., Ltd. in which the Plaintiff A actually operated and borne the deposit amount of 4,440,000 won.
After that, on October 19, 2004, the plaintiff A transferred the name of the lessee of the above lease to the defendant at the request of the defendant.
However, the Defendant did not pay the rent and management expenses so far, and the Plaintiff A paid on behalf of the Defendant the sum of the rent and management expenses in arrears from November 20, 2004 to May 26, 2006 at the time of termination of the said lease agreement.
Therefore, the defendant is obligated to pay the plaintiff A a total of KRW 91,901,920 of the rent and management fee in arrears with unjust enrichment.
B. According to the reasoning of the judgment below, Gap evidence No. 1 and the purport of the whole pleadings, E Co., Ltd. set the lease deposit amount of KRW 4,444,00,000 from F on August 11, 200, KRW 3,333,00,00 per month of rent, and KRW 1,88,70 per month of management fee, and the lessee’s name of the above lease agreement can be acknowledged as the defendant on October 9, 2004.
However, as to the fact that the plaintiff Gap directly bears the lease deposit and the defendant's overdue rent and management expenses under the above lease agreement by operating the Eul corporation, there is not any evidence to acknowledge it otherwise. Rather, according to the overall purport of the evidence No. 4, No. 8-1, No. 2, and No. 10, according to the whole purport of the evidence No. 1, No. 8-2, and No. 10, the Eul corporation delegated all rights related to the above lease agreement to the plaintiff A on March 10, 206, and the F was due to the termination of the above lease agreement, and the above lease deposit is overdue and late May 206.