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The Defendants jointly share KRW 50,000,000 with respect to the Plaintiff and the period from June 17, 2019 to November 14, 2019.
Reasons
Basic Facts
A. On April 20, 2017, the Plaintiff leased (i) No. 50,000,000, monthly rent of KRW 3,000,000 (excluding value-added tax), and (ii) from June 16, 2017 to 24 months, the Plaintiff leased (hereinafter “instant lease agreement”) the instant store E (hereinafter “FE”) owned by the Defendants from the Defendants, and (iii) operated the “FE store” at the instant store thereafter.
B. On August 18, 2018, when the instant lease agreement was in progress, G leased the instant store to the same deposit and monthly rent as that of the instant lease agreement, but the term of lease was determined by September 16, 2020 (hereinafter “instant lease agreement”). Meanwhile, the Plaintiff, Defendants, and G entered into a separate special agreement (hereinafter “instant special agreement”).
C. The Plaintiff removed from the instant store after the conclusion of the instant lease agreement, and G, upon leaving the instant store on June 16, 2019, transferred the instant store to the Defendants a photograph of the instant store, the restoration of which was completed, and the password of the instant store, in a manner of informing the Defendants of the password of the instant store’s photograph and the instant store’s password.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted by the Plaintiff 1, who was running a convenience store at the instant store pursuant to the instant lease agreement, and left the place due to the difficulty in operating the convenience store, and upon obtaining the consent of the Defendants, G was required to use and profit from the instant store during the remaining lease period under the instant lease agreement. The Defendants agreed to return the deposit deposit amount of KRW 50,000,000 on June 16, 2019, which is the expiration date of the lease term under the instant lease agreement according to the instant special agreement.