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1. The Defendants jointly share KRW 53,000,000 with respect to the Plaintiff and the period from December 15, 2018 to August 22, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff is a lessee who entered into a lease agreement on approximately 20 square meters of the first floor pharmacy (hereinafter “instant store”) among the Gangdong-gu Seoul Metropolitan Government International Ground Commercial Building (hereinafter “instant commercial building”). The Defendants are the successors of the owner’s netJ of the instant commercial building (hereinafter “the deceased”).
B. The Deceased was the owner or older of the instant commercial building, and actually resided in Busan, so it was difficult to directly manage the instant commercial building.
Since around 1997, K delegated the management of the commercial building of this case including the right to conclude a lease contract and to receive deposit for lease, and after that, K managed the commercial building of this case.
Since 1997, the lessee who moved into the commercial building of this case concluded all the lease contracts through K, a representative of the deceased.
B. On June 20, 2001, the Plaintiff and the Deceased (K on behalf of the Deceased) concluded a lease agreement with respect to the instant store by setting the lease deposit of KRW 35,000,000, monthly rent of KRW 1,150,000, and the lease agreement period of KRW 12 months (hereinafter “the instant initial lease agreement”). At that time, the Plaintiff paid the above lease deposit to the Deceased, and began to occupy and use the said deposit while operating the pharmacy at the instant store.
C. On August 20, 2003, the Plaintiff and the Deceased (K on behalf of the Deceased) concluded a lease agreement with respect to the instant store as the lease deposit amount of KRW 40,000,000, monthly rent of KRW 1,400,000, and the lease agreement period of 12 months (hereinafter “the instant secondary lease agreement”). The Plaintiff paid KRW 5,00,000 increased deposit amount of KRW 1,40,000 each month to the Deceased.
The second lease contract of this case is implicitly renewed.