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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 103,700,000 and the interest rate thereon from November 9, 2019 to the date of full payment.
Reasons
1. Comprehensively taking into account the overall purport of the pleadings as to the grounds for the claim, the Plaintiff and Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the land located in Ulsan-gu E (hereinafter “instant land”) on April 7, 2018, setting the monthly rent of KRW 9.9 million ( separate payment of value-added tax) and the lease agreement from April 7, 2018 to April 6, 2019 (hereinafter “instant lease agreement”); Defendant C’s medical corporation jointly and severally guaranteed the Plaintiff’s obligations as lessee to the Plaintiff; Defendant B failed to perform the obligation to pay rent under the instant lease agreement from August 2018 to August 31, 2019; and Defendant B’s failure to pay rent to the Plaintiff as of August 31, 2019 to the Plaintiff at KRW 103,700,000.
According to the above facts of recognition, the Defendants are obligated to pay to the Plaintiff the above KRW 103,700,000 as well as damages for delay at the rate of 12% per annum from November 9, 2019 to the day of full payment, which is the day following the service of the original copy of the instant payment order.
2. The defendants' assertion that the plaintiff should pay the above money to the defendant B because they entered into a lease agreement with the plaintiff on September 2006 with respect to the land of this case and paid the money equivalent to KRW 218 million for the purpose of creating the land of this case as a parking lot. However, there is no evidence to acknowledge this. Thus, the above assertion is without merit.
3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.