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1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 421,836 as well as 5% per annum from January 10, 2017 to December 19, 2017.
Reasons
1. Basic facts
A. On June 2, 2014, the Plaintiff purchased the F building in the Geum-gu Busan from E, and completed the registration of ownership transfer on June 30, 2014. On June 20, 2011, the Defendants, who leased the three-story 174.4 square meters of the above F building from E on June 20, 2011, and the four-story 174.4 square meters of the above F building (hereinafter “instant store”), entered into a lease agreement with the Plaintiff and the instant store by setting the lease deposit amount of KRW 20 million, the rent amount of KRW 2.4 million, the rent amount of KRW 2.4 million, and the lease period of August 19, 2016 (hereinafter “instant lease agreement”).
B. On August 20, 2016, the Defendants delivered the instant store to the Plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 12 (including virtual number), the purport of the whole pleadings
2. The Plaintiff’s assertion: (a) the rent and management fee of KRW 15,32,80; (b) the water tax of KRW 265,30; (c) the electricity tax of KRW 1,113,463; and (d) the value-added tax of KRW 4,727,010; (b) the value-added tax of deemed rent of KRW 78,03; (c) the expenses for removal and reinstatement are KRW 31,50,000; and (d) the amount of damages equivalent to the rental proceeds due to the delay in restitution (=2.4.5 million) is KRW 63,806,636; and (d) the Defendants are jointly and severally liable to pay the Plaintiff the lease deposit of KRW 2,200,00,000; and (e) the amount is KRW 43,806,636,636.
3. Determination
A. The fact that the Defendants failed to pay the unpaid rent and the management fee of KRW 14,238,00 until August 19, 2016 does not have any particular dispute between the parties.
The Plaintiff agreed to extend the term of lease to August 31, 2016 with the Defendants. Thus, even if the Defendants delivered the instant store on August 20, 2016, the Plaintiff asserted that the Defendants are liable to pay rent of KRW 1,084,800 from August 20, 2016 to August 31, 2016, but there is no evidence to prove that there was an agreement as alleged, and the Defendants’ store of this case on August 20, 2016.