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1. The Defendants jointly share KRW 30,000,000 with the Plaintiff as well as 5% per annum from May 1, 2019 to March 11, 2020.
Reasons
1. Basic facts
A. On September 5, 2016, the Defendants concluded a lease agreement with the Plaintiff (hereinafter “instant lease agreement”) on September 5, 2016, as owners of 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”). The main contents are as follows.
Lease term: From October 1, 2016 to September 30, 2018 (24 months): 30,000,000 won per month: Management expenses of KRW 1,800,000 per month: 20,000 per month: Payment on the rent and management expenses of KRW 200,000 per month: Payment on the first day of each month.
B. On September 5, 2016, the Plaintiff paid each of the Defendants KRW 28,00,000 as down payment, and KRW 26,000 as the remainder of the lease deposit on September 26, 2016, and was handed over the instant real estate.
C. The Plaintiff, a person conducting the Human Entertainment business under the trade name of “E”, was planned to operate the instant real estate as the Boregnishing and dancing Traming Center, and invested a considerable amount of money, and completed a relatively high-priced equipment or a human test construction.
[Ground of recognition] Facts without dispute, Gap evidence 1, 1, 2, and 3, the purport of the whole pleadings
2. Determination as to the cause of claim, etc.
A. The Plaintiff’s assertion 1) The Plaintiff could not use the instant real estate for its original purpose as stipulated under the instant lease agreement. Accordingly, the Defendants’ termination of the instant lease agreement with each content certification as of August 30, 2017 and May 25, 2018, with the indication of intent to terminate the agreement. As such, the Defendants are jointly obligated to jointly return KRW 30,000 to the Plaintiff the lease deposit amount of KRW 19,095,000 due to the water leakage generated from the instant real estate. 2) The Plaintiff is obligated to jointly return the lease deposit amount of KRW 19,095,00,000 for input cost of the instant real estate, and KRW 4,00,000 for the relocation cost of installation of soundproofs, with the cost of using outside space and musical instruments, KRW 6660,00 for leasing outside space and human resources, KRW 2,70,00 for repair cost of malodor, KRW 150,000,05.