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1. The Defendants jointly share KRW 5,220,610 with respect to the Plaintiff and KRW 5% per annum from February 19, 2018 to August 22, 2018.
Reasons
1. Facts of recognition;
A. On November 1, 2016, the Defendants concluded a lease agreement (hereinafter “instant lease agreement”) with the terms that the Plaintiff shall lease a commercial building E on the 70,000,000 won in deposit, monthly rent of KRW 7,00,000 (excluding value-added tax, management fee, and tax and public charges related to business) from November 25, 2016 to November 24, 2021.
B. D paid the above lease deposit of KRW 70 million to the Defendants and received delivery of the above commercial building.
C. Meanwhile, the Plaintiff entered into a contract with D to transfer a claim amounting to KRW 36 million among the lease deposit claims against the Defendants, and entered into a contract with D to transfer a claim amounting to KRW 36 million among the lease deposit claims against the Defendants. On December 20, 2017, the Plaintiff sent the notice of the assignment of claim to the Defendants that D entered himself as a notification person and transferred the claim to the Defendants with the same content as above to the Plaintiff by registered mail (hereinafter “the notice of the assignment of claim”), and Defendant B received the notice of the said assignment of claim on December 21, 2017.
The Defendants, as of December 27, 2017, terminated the instant lease agreement as of December 25, 2017, and paid to D the remainder after settling the overdue rent, etc. of KRW 70,000,000,000 for the said lease deposit. However, the Defendants agreed to the effect that the said agreement was irrelevant to the instant lease agreement (hereinafter “instant agreement”).
E. According to the agreement of this case, the Defendants deducted the rent of KRW 53,90,000 in arrears from the above lease deposit of KRW 70 million, the unpaid management fee of KRW 6,715,100, the enforcement fine of KRW 1,424,00, the urban gas unpaid amount of KRW 1,240,290, the restoration cost of KRW 1,500,000,000, and also recognized it.
As above, the Defendants and D, equivalent to KRW 5,220,610, the remainder remaining after deducting the lease deposit, are partly calculated, entered, etc. at the time of settlement.