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1. The Defendants jointly do so to the Plaintiff
(a) deliver each building listed in Appendix 1;
(b) KRW 9,016,129 and January 1, 2016
Reasons
1. Indication of claims: To be as shown in Appendix 2; and
2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);
3. The part dismissing part of the Plaintiff asserts that the Defendants jointly and severally are liable to pay the Plaintiff KRW 11,50,000,000 to the Plaintiff by December 31, 2015.
However, on January 11, 2016, the term of lease stipulated in the lease agreement is from May 29, 2015 to May 28, 2017, and the rent is KRW 2.75 million per month (including value-added tax). The Defendants stated that the rent is KRW 2.5 million per month from July 18, 2015, value-added tax on rent for the sixth month from July 24, 2015, value-added tax is KRW 500,000 on rent for the sixth month from September 13, 2015, KRW 1.5 million from among rent for the sixth month from September 13, 2015, and KRW 1.5 million from September 6, 2015 (including KRW 2.5 million from September 16, 2015).
Meanwhile, from May 29, 2015 to December 31, 2015, the total amount of rent is KRW 19,516,129 [2750,000 x (3/31 day) x (7 months x 3/31 day) x less than KRW 5,500,000,000 and KRW 5,000,000,000,000 paid by the Plaintiff were deducted from KRW 19,516,129 and KRW 9,016,129 ( KRW 19,516,129 - KRW 5.5 million - five million).
Therefore, the portion exceeding KRW 9,016,129 out of the above KRW 1,500,000 is dismissed as it is without merit, and it is so decided as per Disposition by applying the proviso of Article 98 and Article 101 of the Civil Procedure Act to the burden of litigation costs.
Meanwhile, under the premise that the Defendants are joint lessees, the Plaintiff sought payment of unjust enrichment equivalent to the delivery, rent, or rent of each building listed in the separate sheet No. 1 against the Defendants. However, in the event that multiple persons are in the position of joint lessees, each lessee may use all the subject matter in relation to the lessor or obtain profits therefrom. In light of the fact that the lease contract is terminated, the obligation to return the leased object, the obligation to pay the unpaid rent, and the obligation to return unjust enrichment equivalent to the rent, which the joint lessee bears to the lessor.