beta
Text
1. The defendant shall be jointly and severally with C to the plaintiff KRW 16,149,230 as well as the year from July 3, 2018 to September 19, 2019.
Reasons
1. Facts of recognition;
A. On October 18, 2017, the Plaintiff set the lease period of the instant building (U.S. D Building E and F) from October 19, 2017 to Defendant and C as KRW 30 million, monthly rent of KRW 2640,00 (including value-added tax) for one year from October 19, 2017. However, the Plaintiff determined that monthly rent is not paid until February 19, 2018.
B. C, along with the Defendant, operated electronic commerce, etc. in the instant building in the name of G.
(Registration of Business was made in the name of C).
However, the Defendant and C did not fully pay monthly rent from February 20, 2019, and immediately around June 10, 2018, left the building of this case.
At that time, there is no dispute between the parties that the above lease contract was terminated by agreement.
Management expenses not paid by the Defendant and C until June 10, 2018 are the total amount of KRW 2,473,430, and the unpaid rent is the total of KRW 9,793,548 (=(3 months 22/31 month) x KRW 2.640,00,000, and less than the original unit).
In addition, 4,850,00 won was required to restore the building to its original state.
[Ground] Facts without dispute, entry of Gap 1 through 8 (including virtual numbers) and the purport of the whole pleadings
2. Determination:
A. According to the above facts of recognition as to the cause of the claim, the defendant seems to be jointly and severally liable with C under Article 57(1) of the Commercial Act.
In sum, 16,149,230 won (i.e., 2,473,430 won) accrued from the Plaintiff (i.e., the Plaintiff’s unpaid rent of KRW 8,825,800) and damages for delay calculated by applying 12% per annum under the Civil Act from July 3, 2018 to September 19, 2019, which is the day following the day when the copy of the complaint of this case, sought by the Plaintiff, is served on the Defendant, to dispute over the existence and scope of the Defendant’s performance obligation.