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1. On the Plaintiff (Counterclaim Defendant),
A. The Defendant (Counterclaim) portion of 256.7 square meters out of the buildings listed in the attached Table list.
Reasons
1. Facts of recognition;
A. On July 3, 2013, the Plaintiff leased to Defendant B a store with the second floor of 256.77 square meters (hereinafter “instant store”) among the buildings listed in the attached Table (hereinafter “instant building”) for a two-year period, and the relevant lease contract is terminated as of November 7, 2014. On November 7, 2014, the Plaintiff leased the instant store with Defendant B with the term of KRW 40 million as lease deposit, KRW 2.2 million as monthly rent, and KRW 2.5 million as of November 7, 2014.
B. Defendant B transferred the above right of lease to Defendant C. On March 24, 2015, upon Defendant B’s request, the Plaintiff concluded the said lease agreement with Defendant C (hereinafter “instant lease agreement”). Defendant B around that time jointly and severally guaranteed all obligations under the said lease agreement with Defendant C.
C. From July 2015, the Defendants were in arrears with the monthly rent since July 2015.
【Fact-finding without dispute over the grounds for recognition, Gap’s evidence 1 through 3, 7, 14, Eul’s evidence 1, the purport of the whole pleadings
2. According to the facts of the judgment on the claim of main claim, the lease contract of this case was lawfully terminated on June 8, 2016, which included the Plaintiff’s declaration of intent to terminate the lease contract of this case on the grounds that it was delayed for more than two years.
Therefore, barring special circumstances, the Defendants are jointly and severally liable to deliver the instant store to the Plaintiff, and the Defendants are jointly and severally liable to pay the amount of delayed rent of KRW 22 million from July 2015 to April 2016 and the amount of unlawful gains equivalent to KRW 2.2 million from June 20, 2016 to June 2200, respectively.
3. Determination on the defendants' defenses and counterclaims
A. The summary of the Defendants’ assertion is that the Plaintiff illegally altered or illegally extended the accessory warehouse and outdoor restaurant part among the instant stores, and entered into a lease agreement with the Defendants.