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1. As to KRW 35,019,848 and KRW 33,510,50 among them, the Defendant shall pay to the Plaintiff the year from February 3, 2018 to February 27, 2018.
Reasons
1. Facts of recognition;
A. On June 21, 2013, the Defendant and C agreed to install fixed facilities for funeral parlors at the lessor’s expense when concluding a lease agreement with Nonparty D on the lease agreement with Nonparty D on the first floor of the F Hospital located in Gwangju Northern-gu E for the purpose of a funeral hall.
(hereinafter referred to as the instant lease contract). B
D In accordance with the instant lease agreement, 70,000,000 won out of the lease deposit 500,000,000 won, 50,000,000 won for interior construction costs and 20,000,000 won for the installation costs of the safe storage room, and 20,000,000 won for the construction business operator directly, under the instant lease agreement.
C. On June 21, 2013, D paid KRW 50,000,00 as down payment to C, the owner of the object of lease, and KRW 430,000,000,000 on July 3, 2013, and KRW 430,00,000 on August 9, 2013. Upon entering into an indoor construction contract with G and the instant funeral hall, D paid KRW 270,00,000 in total for the construction cost from July 10, 2013 to November 7, 2013. After having installed an indoor storage outlet, D operated the funeral hall from November 3, 2013 to September 3, 2015.
On July 3, 2013, the Plaintiff entered into a guarantee insurance contract under the condition that D’s delayed interest rate set by the Plaintiff be added up within the maximum overdue interest rate from the date of subrogation to the date of June 21, 2013 to June 21, 2018 in order to guarantee the payment of the obligation to refund lease deposit against D with the Defendant and C, the insured amount of KRW 500,000,000,00, and the insurance period from June 21, 2013 to June 21, 2018. In the event that the insured event occurred and the Plaintiff pays by subrogation, the Plaintiff and Nonparty C and Nonparty H jointly guaranteed the Defendant’s obligation under the above insurance contract.
E. D As the instant lease agreement was terminated on September 3, 2015, it was impossible to refund the lease deposit to the Plaintiff, even if it was terminated on September 3, 2015.