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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 8,790,000 and its amount from July 21, 2019.
Reasons
1. Facts of recognition;
A. On June 2016, the Plaintiff entered into a lease agreement with D with the following terms:
(hereinafter referred to as “instant lease contract”). - Lease object: 182 square meters (55 square meters) out of the first floor of the building on the ground of Kimhae-si, Kimhae-si - Lessee: Plaintiff: D (the defendant C is a partner of D, and the defendant B is a child of the defendant C) - Lease period: From July 9, 2016 to July 9, 2019 - Lease deposit: 40,000 won: - Lease deposit: 1,400,000 won per month (payment on July 25): 40,000,000 won: 20,000 won out of lease deposit: 40,000,000 won;
B. On August 31, 2016, the Plaintiff lent KRW 20,000,00 to F.
C. On October 20, 2016, the Plaintiff entered into a lease agreement with Defendant B on the instant building with the following terms:
(hereinafter referred to as “instant lease agreement”). - Leaser: Plaintiff B - Leaseer: From October 20, 2016 to 36 months: Lease deposit - Rent amounting to KRW 40,000: monthly: 1,400,000: Provided, That at the bottom of the said lease agreement, the lower part of the said lease agreement states that “I promise not to incur any damage to the State, but to assume the responsibility of C himself/herself.”
On September 10, 2016, Defendant B paid KRW 10,000,00 to D, who is a lessee of the instant lease contract, (F) and KRW 10,000,000 to D on October 2016, and D expressed to Defendant B on October 20, 2016 the intent to waive the right as a lessee under the instant lease contract.
E. From October 21, 2016, Defendant B registered his business with the trade name “G cafeteria” in the instant building, and operated a restaurant with Defendant C, his mother.
F. Defendant B did not pay monthly the Plaintiff the instant rent under the instant second lease agreement, and did not pay the Plaintiff the amount of KRW 3,00,000 on April 28, 2017 and paid KRW 17,410,000 in total until January 22, 2019.