(영문) 전주지방법원 2017.06.27 2017가단2627

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(영문) 전주지방법원 2017.06.27 2017가단2627

가설재임대료등

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 60,673,009 and Defendant A with respect thereto from January 4, 2017; and Defendant B from January 2, 2017.

Reasons

1. Facts of recognition;

A. On April 15, 2015, the Plaintiff entered into a temporary re-lease agreement with Defendant A (hereinafter “instant lease agreement”) with the following terms, and Defendant B jointly and severally guaranteed Defendant A’s obligation under the instant lease agreement.

The contents and the term of lease of the instant lease: The basic fee from the date of input to the date of return shall be determined as "basic fee x the number of days of use".

- Payment method: Defendant A shall pay the temporary rent to the Plaintiff by the end of the following month after the end of each month.

Defendant A shall pay the loss to the Plaintiff within 14 days by applying the market price at the time of closing the loss.

B. The rent incurred under the instant lease agreement is KRW 15,298,009 in total, and the destroyed fee is KRW 50,000 in total. Defendant A paid only KRW 4,625,000 in total as part of the rent under the instant lease agreement to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the unpaid rent and loss charges under the instant lease agreement (15,298,009 won - KRW 50,000,000 - KRW 4,625,000) and the following day following the delivery of the original copy of the instant payment order or the copy of the complaint, Defendant A, who is the following day of the delivery of the original copy of the instant payment order or the copy of the complaint, to the Plaintiff from January 4, 2017, and Defendant B, from April 23, 2017 to the day of full payment.

3. In conclusion, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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