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The defendants are jointly and severally liable to the plaintiff 11,585,670 won and 6% per annum from May 1, 2020 to November 27, 2020.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the land and its ground buildings located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”). On November 9, 2016, the Plaintiff operated a restaurant with the name of “E” in the instant building as of December 5, 2016, and the Defendant C is the representative director of the Defendant Company (hereinafter “Defendant Company”).
B. From December 5, 2018 to March 5, 2020, Defendant Company did not pay a total of KRW 107,710,000 for about 15 months from March 5, 202, and the Plaintiff notified the termination of the instant lease agreement around March 5, 2020.
C. On March 7, 2020, the Defendant Company paid KRW 7,000,000, out of the unpaid rent, and on April 30, 2020, delivered the instant building to the Plaintiff.
On the other hand, on January 30, 2020, Defendant C confirmed that, from the date of the conclusion of the instant lease agreement to the delivery date of the instant building, Defendant C was an attempted charge of tax and public charges (such as water supply, electricity, gas, etc.), such as delinquent rents (a considerable amount of illegal gains), interest on unpaid deposit, and forced payment of the building in violation of the instant construction, etc., and prepared and issued a letter of performance stating that, “The said letter of performance shall be liable to the Plaintiff, and the expenses incurred until the date of the actual repayment shall be additionally repaid.”
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, it is reasonable to view that Defendant C agreed jointly and severally with the Defendant Company to assume the responsibility of the Plaintiff, and the Defendant Company did not pay the liability until April 30, 2020.