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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 47,378,835 and the interest rate thereon from July 2, 2019 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a legal entity established for the purpose of automobile sales business, real estate rental business, etc., Defendant C is a personal entrepreneur who sells used cars in the trade name of “E” and Defendant D is the actual operator of the above E.
B. On May 1, 2018, the Plaintiff entered into a commercial building lease agreement (hereinafter “instant lease agreement”) with respect to Defendant C and Busan-gu F commercial building G on the following terms:
Deposit and facility cost (excluding value-added tax) for the use of store and stock finance (10,000,000 won for security deposit, 20,000,000 won for facility expenses, and 3,000,000 won including monthly rent management expenses), the contract period shall be two years, and in principle, the automatic extension shall be made when there is no cause.
Terms and conditions of the occupant enterprise (from May 1, 2018 to April 30, 2020)
3. Business management expenses - Rent (3 million won a month), and commercial building management expenses (a separate map) shall be limited to basic management expenses (a separate electric charge and an additional tax rate shall be set aside).
5. Use of facilities - Basic facilities for activation of business in exhibition halls, provided by the Plaintiff and the reinforcement of facilities in the offices and exhibition halls, after discussion with the Plaintiff, shall be carried out by the Defendant.
6. Termination of a contract - If the contract is overdue for at least three months of basic management expenses and operating management expenses.
C. The Plaintiff was not paid KRW 3,65,396 on October 3, 2018, KRW 3,567,564 on the basis of management expenses, such as rent, etc., from the Defendant; KRW 3,65,396 on the basis of November 2018; KRW 3,65,396 on the basis of December 3, 2018; KRW 3,704,685 on January 2, 2019; KRW 3,705,847 on February 3, 2019; KRW 3,595,139 on March 2, 2019; KRW 3,567,838 on April 3, 2019; KRW 3,501, KRW 2878,875 on the basis of May 3, 2019; KRW 10,050, Oct. 10, 2010.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, entry of Eul 1 and 2 evidence, purport of whole pleadings
2. The assertion and judgment
A. (1) According to each of the above facts finding as to the causes of the claim against Defendant D, Defendant D included 27,378,835 won (28,878,835 won - 1,500,000 won) in total, including facility costs of KRW 20,00,000, and unpaid rents, and delay damages therefrom.