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1. Defendant B and C jointly share KRW 31,743,860 to the Plaintiff and Defendant C with respect thereto from September 7, 2017.
Reasons
1. Basic facts
A. On July 9, 2015, the Plaintiff entered into a lease agreement with Defendant B and Jeonju-si with the term from July 30, 2015 to July 30, 2018, setting the lease deposit of KRW 10 million, monthly rent of KRW 3.9 million, monthly rent of KRW 3.9 million, and the term of lease from July 20, 2015 to July 30, 2018.
B. After the conclusion of a lease contract, Defendant B received the instant store from the Plaintiff and filed a business report with the trade name “F” in the name of Defendant C, and completed business registration with the same content and conducted business.
C. After Defendant B paid rent from July 20, 2015 to September 20, 2015 after entering into a lease agreement, Defendant B discontinued his/her business on April 7, 2016 while overdue rent.
around May 2016, Defendant C operated a restaurant in the name of “F” at the instant store with the consent of Defendant B or the Plaintiff. A restaurant was operated by himself with the permission of the Plaintiff, and the monthly rent was not paid from August 20, 2015 to April 7, 2016. Around April 19, 2016, Defendant C provided to the Plaintiff a certificate of free transfer of goods (Evidence A 6-1) with the purport that “A shall be transferred free of charge to A, with the entire equipment owned in the store.”
[Reasons for Recognition] The entry of Gap's evidence 1 to 6 (including paper numbers), the purport of the whole pleadings
2. Determination
A. As to the claim against Defendant B, the Plaintiff asserts that, from October 20, 2015 to December 14, 2016, Defendant B, the Plaintiff is obligated to pay KRW 54,60,00 in total for 14 months and overdue electricity charges of KRW 3,178,950, urban gas charges of KRW 2,286,490, and water supply and sewerage charges of KRW 2,878,420.
First, it is considered to be the amount of overdue rent.
The time when the plaintiff asserts in arrears is October 20, 2015.
On the other hand, according to the above facts of recognition, defendant D is the plaintiff around May 2016.