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1. The defendant,
A. 741,935 won shall be paid to the plaintiffs;
B. Plaintiff B: KRW 8,590,000 and KRW 6,600,00 among them.
Reasons
1. Basic facts
A. The Plaintiffs are co-owners of 893 square meters in Kuju-si E, and Plaintiff A owns 297/893 shares, Plaintiff B, and C own 298/893 shares.
B. On June 10, 201, the Defendant concluded a lease agreement with the Plaintiff on a 150 square meters (around 495 square meters, hereinafter “instant land”) among the land of 893 square meters in E, 201, setting the lease term as KRW 2 years, lease deposit KRW 5,000,000, monthly rent of KRW 600,000, and subsequently, the Defendant concluded a lease agreement with the Plaintiff B and the Plaintiff B to succeed to the status of the Plaintiff A (hereinafter “instant lease agreement”).
After the conclusion of the instant lease agreement, the Defendant operated a secondhand shop on the instant land.
C. The instant lease contract has been renewed by August 2016. The Defendant did not pay the rent of 11,60,000 won [60,000 won x 6 months] (500,000 won for monthly rent reduced from October 2014 x 16 months] equivalent to the rent of 22 months during the said period.
Plaintiff
B on August 2, 2016, the Defendant sent to the Defendant a certificate of content that contains a declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent, and the said certificate was served on August 5, 2016.
Until December 15, 2016, the Defendant occupied the instant land by December 15, 2016, and currently, the instant land is left away from the board waste, garbage, etc.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 11, 14 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 4, Gap evidence Nos. 8, 10, and 13, witness F, testimony of G, and the purport of the whole pleadings
2. Determination
A. According to the facts found in the judgment on the Plaintiff B’s overdue rent claim, the Defendant sought by the Plaintiff B as of the date of payment of overdue rent of KRW 6,600,000, which was sought by deducting the Plaintiff B’s deposit of KRW 5,000 from the overdue rent of KRW 11,60,000 from the overdue rent of KRW 11,60,000, and the overdue rent of KRW 6,600 from the overdue rent of the instant lease contract.