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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 4,806,280 as well as the interest rate from June 24, 2016 to the day of full payment.
Reasons
1. Basic facts
A. around July 2013, Defendant C leased the building located in Gwangju Mine-gu E (hereinafter “instant building”) from D and operated the restaurant under the following conditions.
At the time, the defendant C was a bad credit holder, so it is impossible to register the business under his name, and the defendant C entered into a lease contract under his name with the permission of the defendant B and registered the business.
From July 23, 2013 to March 22, 2015, lease deposit amounting to KRW 10 million and KRW 1.5 million for monthly rent (prepaid payment on July 23, 2015)
B. On July 20, 2014, the Plaintiff purchased the said building on condition that he succeeds to the lease relationship with the lessee who leased the instant building from D, and completed the registration of ownership transfer on August 29, 2014. As such, the Defendants did not raise any objection regarding the succession of the lease relationship.
C. Defendant C removed from the instant building on September 3, 2015. From August 23, 2014 to December 12, 2014, Defendant C paid only KRW 2 million monthly rent for 12 months from August 23, 2014, and did not pay the remainder monthly rent. Since then, Defendant C additionally paid KRW 2 million from November 2015 to December.
Meanwhile, while Defendant C occupied the instant building, the Plaintiff did not pay the sum of KRW 131,580, the electricity charges of KRW 640,120, and the gas use fees of KRW 34,580 on behalf of the Plaintiff.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6 (including all types of proof), the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff (1) KRW 18 million, which falls under the period from August 23, 2014 to September 3, 2015 (i.e., 15 million won x 12 months, and waiver of rent between 12 days and 12 days) and the sum of KRW 14 million calculated by subtracting the amount of KRW 4 million paid by the Defendant’s side from the amount of KRW 14,806,280, which is the amount calculated by deducting the amount of KRW 10,000,000,000 from the amount of KRW 14,806,280,000, which the Plaintiff shall pay to Defendant C.