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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 47,939,83 and the Defendants B and E from October 31, 2019 to December 2019.
Reasons
1. Facts of recognition;
A. The Defendants co-ownership the eight-story building located in Gangnam-gu Seoul Metropolitan Government, and conduct a building lease business with the trade name “G”. The above building is a building management company H Co., Ltd. (the representative director B; hereinafter “non-party company”).
(2) On September 28, 2017, the Plaintiff entered into a lease agreement with the Defendants to lease the said building I (hereinafter “instant office”) under the following conditions (hereinafter “instant lease agreement”) and thereafter paid the full amount of the lease deposit. (A) The lease deposit period: from January 1, 2018 to December 31, 2019: 120,000,000 if the contract is terminated, the lessor shall pay the lease deposit within seven days after the lessee’s restoration to the original state and the name of the building.
Provided, That the lessor shall refund the balance to the lessee after deducting the expenses to be borne by the lessee, such as unpaid rents, management expenses, and restoration expenses, from the deposit for lease, if any.
(c) Rent and management expenses: 6,750,00 won per month (including value added tax 7,425,000 won) and restoration to the original state 4,250,000 won per month (including value added tax 4,840,000 won): Where the lessor requests restoration to the leased object and facilities installed by the lessee, the lessee shall restore the leased object to the original state at the lessee’s expense and order the lessor to do so.
E) Early termination: At the time of early termination of the contract, the fee and management fee corresponding to the portion for three months after the order shall be paid (hereinafter referred to as “an excessive penalty”).
B. Defendant B, the representative director of the non-party company, who proposed the termination of the lease agreement of the non-party company, is obligated to pay the penalty for early termination if the director of the instant office before the expiration of the lease term, to lease the instant office to a third party on June 2019.