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Reasons
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(영문) 서울북부지방법원 2018.07.17 2016가단114733
추심금
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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants and E’s lease contract 1) Defendant B: (a) Defendant C shall restore the leased object to the lessor’s expense and return it to the lessor upon the termination of the contract from December 27, 2011 to December 26, 2016, the leased object was restored to the lessee’s expense, and (b) Defendant C shall recover the leased object was returned to the lessor upon the termination of the contract from December 27, 2011 to December 26, 201, the lease period of KRW 50,000,000,000,000 for the lease deposit of KRW 1,00,00,000 for the rent month, from November 34, 2082, and from December 27, 2011 to December 26, 2016.

3) Defendant D: From February 23, 2012 to February 22, 2017, the amount of KRW 50,000,000 for lease deposit of KRW 11.39 square meters in F, 9023; and KRW 1,400,00 for each month of rent (excluding value-added tax, and the rental period of KRW 10,00 for each year) E paid each lease deposit to the Defendants, and thereafter, he operated a wedding hall in the said store with G and H.

B. Defendant B and C’s lawsuit 1) Defendant B (Seoul East Eastern District Court Decision 2015Da113294, November 5, 2015) delayed payment from September 2014, Defendant B expressed his/her intention to terminate the lease agreement through the delivery of a copy of the complaint (e.g., May 26, 2015).

On October 13, 2015, the lower court rendered a judgment that “E shall pay to Defendant B the sum of the overdue rent of KRW 9,438,709 (18,709) incurred from September 1, 2014 to May 18, 2015, KRW 4,000,000,00,000, which was the oral agreement to pay for the delivery cost of the store of this case and other terms and conditions, and the penalty of KRW 5 million upon the termination of the instant lease, and the amount calculated at the rate of KRW 20% per annum from May 27, 2015 to the full payment day, and shall pay the unjust enrichment calculated at the rate of KRW 1,100,000 per annum from May 26, 2015 to the completion date of the delivery of KRW 9081.”

B) Defendant C (Seoul Eastern District Court 2015Kadan118763, October 30, 2015) was in arrears, and Defendant C was in arrears.

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