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1. The judgment of the court of first instance is modified as follows.
The defendant shall be jointly and severally and severally and severally with the plaintiff 46,93.
Reasons
1. Facts of recognition;
A. On January 2, 2014, the Plaintiff is a company that absorbs and comprehensively succeeds to the rights and obligations of the corporation (hereinafter “Plaintiff”) and that is not divided into two companies (hereinafter “the Plaintiff”).
(2) From January 8, 2014 to April 29, 2015, the Defendant was the representative director of B (the former trade name is “stock company G”).
B. 1) On August 12, 2010, the Plaintiff entered into a lease agreement with F on six floors of the buildings indicated in the attached Table from F (hereinafter “instant building”).
2) The Plaintiff, separately from L, set the deposit amount of KRW 100,000 per month, KRW 7 million per month, management expenses, KRW 1,00,000 per month, and the lease term from September 15, 2010 to August 30, 2015. (2) On the same day, the Plaintiff separately leased from two other persons, including L, the deposit amount of KRW 40,00,000,00 per month, KRW 13,000 per month, management expenses, monthly management expenses, KRW 3.5 million per month, and the lease term from August 31, 2010 to August 30, 2015.
C. On January 29, 2014, the Plaintiff agreed to: (a) the instant building leased by the Plaintiff on January 29, 2014, KRW 100 million; (b) KRW 2,368,000 per month; (c) management expenses; (d) KRW 4,908,00 per month; and (e) the period of sublease from February 15, 2014 to August 30, 2015; and (b) the Plaintiff, if the rent or management expenses are overdue, was paid interest calculated at the rate of 20% per annum (hereinafter “the instant sub-lease agreement”).
(2) On the other hand, the Plaintiff entered into an agreement on the loan for use with B, from February 15, 2014 to August 30, 2015, to use the building without any deposit, usage fee, and management expenses.
(However, at the request of B, the other party to the contract was a H person who had a joint representative director of B at the time. (D)
D’s succession to the former lessee’s status and the Plaintiff’s joint and several surety of D succeeds to the former lessee’s status of B and D on February 15, 2014 and D on the sub-lease’s status, and D on the instant case.