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1. The Defendants jointly share KRW 102,851,401 among the Plaintiff and KRW 100,000,000 among them, from June 29, 2018 to May 2019.
Reasons
1. Facts of recognition;
A. 1) E, May 20, 2015, is about KRW 293.64 square meters on the second floor of the Seo-gu Seoul Special Metropolitan City and the F Co., Ltd. on May 20, 2015 (hereinafter “instant commercial building”).
(2) The Plaintiff, from July 28, 2015, operated a restaurant with the trade name “H” in the instant commercial building from around July 28, 2015 to around July 31, 2018, with respect to the lease deposit amounting to KRW 50 million, KRW 2580,000 (excluding value-added tax), and the lease period from August 1, 2015 to July 31, 2018.
The Defendants purchased the instant commercial building from FF Co., Ltd. on February 22, 2017, and completed the registration of ownership transfer on the instant commercial building on March 7, 2017.
(B) The above lease agreement between the Plaintiff and the Defendants (hereinafter “instant lease agreement”).
(1) On March 28, 2018, the Plaintiff entered into a premium contract with I and all facilities, etc. on the instant shopping district with KRW 100 million (on May 21, 2018, an intermediate payment of KRW 10 million, the remainder payment of KRW 80 million on June 1, 2018, and the remainder payment of KRW 80 million on June 1, 2018), and entered into the premium contract with the following contents as a special agreement (hereinafter “the premium contract of this case”).
(2) According to the premium contract of this case, the Plaintiff received KRW 10 million for down payment from I on March 30, 2018. In a case where the schedule for the conclusion of a lease agreement with a lessor is earlier or postponed within two weeks, the new lessee entered into a new lease agreement with a lessor by cooperating (preparation for a lease deposit, etc.) with the changed schedule, and the intermediate payment shall be paid to the lessee immediately upon the conclusion of a new contract. The conditions of the existing rent (20% may be raised).
However, even before the remainder date, it is found impossible to conclude a new contract between the lessor and the new lessee, or the terms and conditions of the rent are agreed above.