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(영문) 서울중앙지방법원 2019.08.22 2018가단5206991
약정금
Text

1. The Defendants shall jointly and severally serve as KRW 35,300,000 on the Plaintiff and as a result, from August 23, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On July 2017, the Plaintiff: (a) leased (20,000 won) buildings of the Dongjak-gu Seoul Metropolitan Government D and 2nd floor (hereinafter “E”); and (b) operated the main points with the trade name “E”; (c) the Plaintiff entrusted the Defendants with the instant main points for one year between the Defendants and the Defendants; (d) during that period, the Defendants agreed to pay the lessor the monthly rent of KRW 1980,000 (including value-added tax) and the monthly fee of KRW 3 million as the monthly fee to the Plaintiff (hereinafter “instant agreement”).

B. The Defendants, in the name of Defendant B, changed the name of business operator and lessee and jointly operated the instant main points until July 2018, and left the place of business around August of the same year, and the Plaintiff was not paid up to that time. The Plaintiff’s fee was KRW 29.9 million, and the rent unpaid to the lessor was KRW 5.4 million.

C. On June 22, 2018, the Defendants prepared and submitted a letter of intent to pay the Plaintiff and the lessor the aforementioned royalties and rents payable to the Plaintiff by July 1, 2018.

However, since the Defendants failed to perform their obligations under the above letter, the lessor deducted KRW 5,400,000 from the lease deposit to the Plaintiff as rent, only the remainder of the deposit was refunded.

[Reasons for Recognition] The entry of Gap's evidence Nos. 1 through 7 and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the Defendants jointly and severally borne an obligation under the instant agreement that is a commercial activity, the Defendants were jointly and severally liable to the Plaintiff for the payment of unpaid user fees and rents (=29.9 million won) and the payment deadline therefor, which is obvious after August 23, 2018 that the date following the delivery date of the original copy of the instant payment order sought by the Plaintiff is the next day of the delivery date of the original copy of the instant payment order, pursuant to the provisions on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768) (Presidential Decree No. 29768).

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