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Reasons
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(영문) 서울남부지방법원 2020.06.04 2020가단208359
사용료
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1. The Plaintiff:

A. The Defendants respectively are 24,002,036 won and Defendant J Co., Ltd. and K from April 30, 2020.

Reasons

1. Facts of recognition;

A. On March 25, 2015, the Plaintiff, among the five floors of the buildings listed in the attached Table, leased to Defendant J Co., Ltd. by setting the deposit of KRW 10,000,000,000, monthly rent of KRW 1,300,000 (excluding value-added tax), and the period from April 1, 2015 to April 1, 2016.

B. As Defendant J Co., Ltd in arrears, Defendant K and L promised on May 23, 2019 to pay the Plaintiff the rent, including the overdue charge of Defendant JJ Co., Ltd.

C. On January 31, 2020, the Plaintiff continued to receive the rent, and notified Defendant JJ Co., Ltd of the termination of the said lease.

By January 31, 2020, overdue rent is KRW 34,002,036 in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, and 6, the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the defendants shall pay to the plaintiff 24,002,036 won remaining after deducting the plaintiff's KRW 10,000,000 from the 34,002,036 won in arrears, and to the above 24,002,036 won from the day following the delivery of the copy of the application for modification of the purport of claim as of February 4, 2020, the defendant J Co., Ltd., and K from April 30, 202, the defendant L shall pay damages for delay at the rate of 12% per annum from May 7, 2020 to the day of full payment, and from February 1, 202 to the day of delivery of the above building from February 1, 200 to the day of delivery of the above building x the payment of money at the rate of 1,430,000 won (1,000 won).

(A) Although the Plaintiff jointly and severally sought overdue rent from the Defendants, there is no evidence to deem that Defendant K and L agreed to pay the rent jointly and severally with Defendant J Co., Ltd.

3. Determination as to Defendant L’s assertion

A. Defendant L asserts that the Plaintiff has no obligation to pay rent since it took a short-term measure around July 2019.

However, it is recognized that the Plaintiff continued to take the measures of cutting electricity from July 2019.

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