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1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 4,620,600 and its amount from August 22, 2014.
Reasons
1. Facts of recognition;
A. From June 1, 2003, the Defendant’s mother-friendly D, etc. entered into a lease agreement with E on the second floor above the F of Seongbuk-gun, Seongbuk-gun (hereinafter “instant building”) and used it for the purpose of a private teaching institute, around October 23, 2013, and around November 1, 2013 to October 31, 2014 during the lease term, the Defendant entered into a lease agreement with E and the building above, which sets forth KRW 10 million as lease deposit, KRW 10 million as monthly rent (hereinafter “instant lease agreement”) and used it for the purpose of a private teaching institute.
B. As to the instant building, the above E transferred ownership to G on October 30, 2013, and the above G agreed on January 14, 2014 that the instant lease agreement will be succeeded to by transferring ownership at the ratio of 1/2 shares to the Plaintiffs.
C. On July 1, 2014, the Plaintiffs sent a notice of termination to the Defendant that “the Plaintiff succeeded to a lessor status under the instant lease agreement as the new owner of the instant building, and terminated the said agreement.” On August 21, 2014, the Defendant delivered the instant building to the Plaintiffs on August 21, 2014.
[Reasons for Recognition] Facts without dispute, Gap 1 (including a provisional number; hereinafter the same shall apply), 2, 3-1 and Eul 5, the purport of the whole pleadings
2. Judgment on the principal lawsuit
A. The plaintiffs asserted that the defendant did not perform his/her duty to restore rent of 1.87 million won under the instant lease agreement, unpaid electricity of 829,210 won, water supply tax of 203,190 won, and water supply tax of 12,090,400 won, including the cost of restitution of 9,188,000 won, to the plaintiffs as a performance of the said lease agreement or as a result of non-performance of such obligation. Thus, the defendant shall pay the above amount of 2,090,400 won, which is the remainder after deducting the deposit of 1,00 million won from the above money, and from August 22, 2014, which is the date following the delivery of the building of this case.