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1. The part of the first instance judgment against the Defendants shall be revoked.
2. The Plaintiff, Defendant B, Defendant B, Defendant C, and Defendant C, 2.
Reasons
1. Facts of recognition;
A. On October 27, 2014, the Plaintiff completed registration of the preservation of ownership on the multi-family house of the fourth floor of the D Building (hereinafter “instant house”) on the fourth floor (hereinafter “instant house”), and transferred ownership to E and F on July 31, 2015.
B. On December 31, 2014, the Plaintiff entered into a lease agreement with Defendant B on the lease of 301 to the third floor among the instant housing, and agreed to compensate for delayed payment of 18% per annum at the time of unpaid rent on the monthly rent, setting the deposit amount of KRW 3,000,000, the lease period of KRW 12 months, and the rent of KRW 450,000 per annum.
C. On February 10, 2015, the Plaintiff concluded a lease agreement with Defendant C on the lease of 304 of the third floor among the instant housing units, and agreed to provide delayed compensation of 18% per annum at the time of unpaid rent on the 12-month lease period, 50,000 won per month, management fee of 40,000 won per month, and monthly rent.
Defendant B does not pay KRW 1,050,000 among monthly taxes from December 31, 2014 to July 31, 2015, and Defendant C does not pay KRW 2,810,000 among monthly taxes and management expenses from February 10, 2015 to July 31, 2015.
【Reasons for Recognition】 Each entry of evidence Nos. 1, 2, 4, and 6, and the purport of the whole pleadings
2. According to the above facts of recognition, Defendant B is obligated to pay the Plaintiff the unpaid rent of KRW 1,050,00, Defendant C, Defendant C’s KRW 2,810,000, and damages for delay calculated by the rate of 18% from August 1, 2015 to the date of full payment, as the Plaintiff seeks.
3. According to the conclusion, the Plaintiff’s claim against the Defendants should be accepted on the grounds of its reasoning. However, the part against the Defendants in the judgment of the first instance is unfair on the grounds of its conclusion, and thus, it is so revoked. It is so decided as per Disposition by the assent of all participating Justices on the bench to order the payment