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1. The Defendants are jointly and severally liable to the Plaintiff for 39,300,000 won and the interest rate of 15% per annum from June 13, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On September 4, 2006, D: (a) Defendant B leased the 5th floor of the E-building building ( approximately 140 square meters; hereinafter “instant real estate”) to Defendant B by designating the deposit deposit of KRW 30 million; (b) monthly rent of KRW 2 million; (c) after completing business registration under Defendant B’s name, F practically operated the “G postnatal care center” in the instant real estate; and (d) on November 10, 201, the lease agreement was amended and concluded as follows.
1) A lessee: F, Defendant B (F’s husband’s husband’s husband’s husband’s 2), H (F’s husband’s husband’s 30 million won, monthly rent of KRW 3.2 million
B. On July 31, 2012, the Plaintiff purchased the instant real estate from D and completed the registration of ownership transfer on that day. After that, the Plaintiff failed to receive the monthly rent for the instant real estate from time.
On November 6, 2012, the Plaintiff filed a lawsuit against F, Defendant B, and H for the surrender of a building. On January 24, 2013, the following major mediation was established between the parties:
(O) Ansan District Court Branch 2012Gadan37510). Defendant B shall pay the Plaintiff the sum of KRW 12,80,000 to March 31, 2013, and KRW 5,000,000 to the Plaintiff, and KRW 3,520,000 shall be paid on August 31, 2013, and KRW 3,520,000 shall be paid from January 1, 2013.
C. On January 1, 2015, Defendant C, F’s children, prepared and delivered a loan certificate of KRW 50 million as the monthly rent in arrears with respect to the instant real estate to the Plaintiff. Defendant B, who is F’s father, jointly and severally guaranteed Defendant C’s obligation to repay the loan amount.
(hereinafter “this case’s loan certificate”). D.
After receiving the instant loan certificate from the Defendants, the Plaintiff leased the instant real estate on the day as follows.
(hereinafter referred to as “the instant final lease agreement”) . (1) A lessee: Defendant B (2) the lease term of 24 months until January 24, 2017, security deposit of 30 million won, and monthly rent of 2.5 million won against a lessee of 3 lessee is due on the date of payment.