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1. The defendant shall jointly and severally with the non-party C Co., Ltd. to the plaintiff KRW 33,218,00 and its amount from March 1, 2017 to April 1, 2017.
Reasons
1. Facts of recognition;
A. On August 4, 2015, the Plaintiff (name D before the opening name) entered into a lease agreement with Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) with the representative director, with respect to the total of 182.94 square meters of the second floor among the land buildings in Seocho-gu Seoul, Seocho-gu, Seoul, which is owned by the Plaintiff, for the lease deposit amounting to KRW 50 million, monthly renting KRW 3850,000 (including value-added tax), management fee of KRW 1190,00 per month, and the term of lease up to August 30, 2017.
B. Since December 2015, the non-party company did not pay monthly rent, management fee, joint electricity fee, etc., the Plaintiff agreed to terminate the instant lease agreement with the non-party company around February 2017, and the non-party company delivered the leased object of this case to the Plaintiff by February 28, 2017, and paid the remainder of the overdue rent, etc., after deducting the deposit, from the overdue rent, etc. by the date of the said delivery agreement.
Accordingly, the non-party company delivered the leased object to the Plaintiff at the end of February 2017. On February 2, 2017, when the non-party company settled the overdue rent, etc. that it should pay to the Plaintiff as of the end of February 2017, it reached KRW 33,218,000 after deducting the lease deposit (in relation thereto, the Plaintiff filed a claim against the non-party company for the delivery of the building around January 2017, Seoul Central District Court 2017dan505184, and the above court rendered a judgment on June 22, 2017).
When the Defendant agreed with the Plaintiff to terminate the lease contract on or around February 2017, the Defendant entered the end of the agreement (Evidence A 3) as follows: “I wish to pay the unpaid rent within the above date without making it clear, and sign and seal the guarantor column to the individuals other than the legal entity and sign and affix a joint and several liability to the guarantor column.”
[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 6, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is jointly and severally with the non-party company.