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1. The Plaintiff:
A. Defendant B Co., Ltd shall deliver the six-story 240.75 square meters among the real estate listed in the attached list, and B.
Reasons
1. Facts of recognition;
A. On March 12, 2008, D entered into a lease agreement (hereinafter “instant lease agreement”) with E Co., Ltd. on six floors (hereinafter “the instant building”) among the real estate listed in the separate sheet, setting the lease term as one year (which can be extended by both agreements), deposit money of KRW 20,000,000, monthly rent of KRW 1,500,000, and the instant building was handed over.
B. The instant lease agreement is renewed, and Defendant B Company succeeded to the lessee status under the instant lease agreement and used the instant building. As of October 17, 2014, the overdue rent is KRW 10,000,000.
C. On October 17, 2014, Defendant C, the actual president of Defendant B Co., Ltd, prepared a written confirmation (hereinafter “instant written confirmation”) stating that “The monthly unpaid tax of the instant building is KRW 10,000,000, and would be paid by December 31, 2014,” and sent it to F, the wife of D.
D A. On July 21, 2014, the Plaintiff died, and the Plaintiff solely completed the registration of ownership transfer on January 19, 2015 due to the inheritance by agreement division as to the real estate listed in the attached list, and succeeded to the lessor status under the instant lease agreement.
E. The Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the delinquency in rent by serving the duplicate of the instant complaint.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, witness F's testimony, purport of whole pleadings
2. According to the above facts of determination, the instant lease agreement terminated due to the failure to pay rent on May 11, 2015, which was served by the duplicate of the complaint on Defendant B Co., Ltd., and it is reasonable to view that Defendant C jointly and severally guaranteed the obligation to pay rent in arrears by preparing the instant confirmation document.
Therefore, Defendant B Co., Ltd. delivers the instant building to the Plaintiff, and the Defendants are jointly and severally liable for arrears.