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1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 31,438,161 and the period from July 25, 2015 to December 13, 2016.
Reasons
1. Facts of recognition;
A. On March 16, 2010, D, the Plaintiff and the Plaintiff’s spouse, concluded a lease agreement with the Defendants, setting the lease deposit amount of KRW 100 million, monthly rent of KRW 9 million (excluding value-added tax), KRW 180,000,000 for management expenses, and the lease term of KRW 1.8 million from March 16, 2010 to March 15, 2012 (hereinafter “instant lease agreement”).
(2) The instant lease agreement was renewed, and the term of lease was extended by March 15, 2014.
(3) On March 15, 2014, when the instant lease agreement was terminated, the Plaintiff and D entered into a short-term lease agreement with the Defendants to lease the instant store from the Plaintiffs by April 30, 2014 (hereinafter “instant short-term lease agreement”). Around March 15, 2014, the Plaintiff and D agreed to change the instant short-term lease agreement into monthly rent of KRW 10,500,000 and KRW 270,000 per month for management expenses, and the remainder of the lease agreement to the same effect as the instant lease agreement.
At the time of the conclusion of the instant short-term lease agreement, the Plaintiff, D, and Defendants entered into an agreement with the Defendants on March 15, 2014 that if the Defendants deducts the monthly rent, management fee, public charges, etc. payable to the Plaintiff and D from KRW 11,317,39, the remainder of the lease deposit to be refunded to the Defendants would remain at KRW 11,317,339. At the time of the instant settlement agreement, the expenses for restoration were not calculated separately.
(4) The main contents of the instant lease agreement and the instant short-term lease agreement are as follows.
(A) Article 4 (Rents and Management Expenses)
1. The monthly rent shall be KRW 9 million for the entire leased property (the monthly rent shall be changed to KRW 10.5 million after this year), monthly management expenses shall be KRW 1.8 million (the monthly management expenses shall be changed to KRW 2.7 million after this year), and the period for calculating rent and management expenses shall be from the first day of each month.