beta
Text
1. At the same time, the Defendant received KRW 14,412,542 from the Plaintiffs, and at the same time, entered the attached real estate list in the Plaintiffs.
Reasons
1. Facts of recognition;
A. On June 11, 2011, the Plaintiffs entered into a lease agreement with the Defendant on the whole fourth floor of the instant real estate (hereinafter “instant lease agreement”) as co-owners of the real estate listed in the attached list of real estate (hereinafter “the instant real estate”). The key contents are as stated in the attached contents of the agreement. In order to secure the return of the lease deposit received from the Defendant, the Plaintiffs completed the registration of the establishment of the right to lease on a deposit basis with the Seoul Central District Court’s registration office on February 8, 2012 as to the instant real estate (hereinafter “the instant lease agreement”).
B. The instant lease agreement was renewed twice under the same condition. Under the circumstances of the Defendant, the Plaintiffs and the Defendant decided to terminate the said lease agreement as of February 9, 2014, and the Defendant delivered the above lease portion among the instant real estate to the Plaintiffs around January 10, 2014.
C. Meanwhile, the Defendant’s failure to pay the tax of KRW 193,056,910 in the amount of KRW 193,05,910, on or around March 19, 2012, and the Defendant seized the lease deposit claim as seen earlier on or around March 19, 2012. On May 12, 2016, the Plaintiffs, as the garnishee, paid KRW 54,167,103 remaining after deducting the total amount of KRW 75,832,897 from the lease deposit as indicated in the “written confirmation of settlement of accounts” as in the attached Form 130,000,000, as the third obligor, under the same as the rent for arrears, etc.
The sum of the rent, management fee, and electricity fee in arrears under the instant lease agreement is KRW 41,623,265 (including value-added tax); the late payment fee is KRW 6,445,290; the late termination penalty is KRW 8,951,800; and the expenses incurred by the Plaintiffs in receiving the leased portion of the instant real estate from the Defendant and restoring it to its original state, as above, are KRW 4,400,000.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, and Eul evidence No. 1.