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1. Defendant B: The Plaintiff
(a) deliver one story 204.84 square meters, 12.6 square meters, among buildings listed in the attached list;
(b) 58,795,800 won;
Reasons
1. Facts of recognition;
A. On March 6, 2014, the Plaintiff: (a) leased all of the first floor among the buildings listed in the attached list (hereinafter “instant building”); (b) KRW 70 million; (c) monthly rent of KRW 3.5 million; (d) monthly management expenses; (e) KRW 200,000; and (e) from March 17, 2014 to March 17, 2016; and (e) Defendant B operated the car center in the leased building part.
B. On December 31, 2012, the Plaintiff leased to Defendant C the entire three floors of the instant building by setting the lease deposit of KRW 50 million, KRW 2 million monthly rent of KRW 2 million, KRW 185,000 per month, management expenses, and the lease term from December 31, 2012 to December 1, 2014, and the said lease term was implicitly renewed.
C. The Defendants did not pay rent and management fee to the Plaintiff several times.
On December 21, 2015, the Plaintiff notified the Defendants of the termination of a lease agreement with the Defendants on the grounds of the Defendants’ delinquency in rent. D.
From December 31, 2012 to March 9, 2015, Defendant C paid the aggregate of KRW 2,385,000 for rent and management expenses each time ( KRW 185,000 for value added tax of KRW 2,00,000 for value added tax of KRW 2,000 for value added tax of KRW 2,00,00 for value added tax of KRW 54,85,00 for total amount paid ( KRW 2,385,00 for value added tax of KRW 2,385,00 x 23).
E. Meanwhile, in the Cheongju District Court Decision 2016Kahap32 decided July 1, 2016, D and Defendant B were convicted of a crime that was committed against Defendant B’s above car center on January 15, 2016, and Defendant B was convicted of a crime that instigated the above car center to be destroyed by the above car center on the preceding day, and Defendant B was still pending in the appellate trial after appeal by the above judgment.
F. Defendant B and D’s fire-prevention act was destroyed by the leased part of Defendant B operated by Defendant B as a car center and the third floor part of the instant building operated by Defendant C as a PC, and Defendant C suspended the PC business.
[Ground of recognition] Facts without dispute, Gap evidence 3-1, 3, Gap evidence 4-1, 2, 5, 6, Gap evidence 7, the purport of the whole pleadings
2. Determination as to the plaintiff's claim against the defendant B
(a) a leased building;