beta
Text
1. All plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On April 22, 2011, Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) who works as the representative director entered into a lease agreement with the Defendant on the terms of KRW 100,000,000 for lease deposit, KRW 140,000 for monthly rent (excluding value-added tax), KRW 65,500 for monthly management fee (excluding value-added tax), and KRW 665,50 for monthly management fee (excluding value-added tax), from April 22, 2011 to April 30, 201, and thereafter paid KRW 100,000 for the above lease deposit to the Defendant.
B. On June 22, 2011, Plaintiff A entered into a lease agreement with the Defendant for the lease deposit of KRW 100,000 for the lease deposit of the above E building 202, KRW 3.5 million for one year from the date of lease, KRW 4 million for the first year from the date of lease, KRW 1,495,500 for monthly management expenses (excluding value-added tax), and KRW 1,495,50 for the lease term from June 22, 2011 to April 30, 201 (hereinafter referred to as “second lease agreement,” and thereafter, Plaintiff A paid the Defendant KRW 100,000 for the lease deposit.
C. On August 30, 2012, Plaintiff A was detained in violation of the Punishment of Tax Evaders Act, etc., and was sentenced to two years and six months of imprisonment and fine 22 million won, and was released on September 30, 2014 while serving in prison.
[Reasons for Recognition] The facts without dispute, Gap's entries in Gap's or evidence Nos. 3, 4, 8, 9, 10, 11, 15, 17, 19, 20, 21, and 3, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. In the 1st Plaintiffs’ assertion lease agreement, if the lessee has evident grounds for not being able to use or take profit from the leased object, and the lessor was aware of this, the lease agreement should be deemed terminated according to the principle of good faith.
However, the plaintiff A, who is the lessee or the representative of the lessee of each of the lease agreements of this case, is in the decreased condition.