beta
Text
1. The Defendants jointly and severally liable to the Plaintiff KRW 50,151,481, and Defendant C with respect thereto from November 14, 2018, and Defendant D with respect thereto.
Reasons
1. Basic facts
A. The Plaintiff entered into a lease agreement between Defendant C and E, the third floor of the building F in Yongsan-gu, Yongsan-gu, Seoul, the Plaintiff owned as the representative director, with the lease deposit of KRW 50,000,000, monthly rent of KRW 3,500,000 (Additional Tax separately), and the lease period of KRW 3,50,000, and from July 10, 2015 to the time redevelopment due to redevelopment.
B. On December 7, 2017, the Plaintiff and E confirmed that, as a result of offsetting and settling the rents and management expenses in arrears with the rental deposit, the Plaintiff and E were unpaid KRW 42,350,00, management expenses, management expenses 7,801,481, total amount of KRW 50,151,481.
C. Accordingly, Defendant C and its sub-lessee Defendant D, on December 7, 2017, committed a joint and several obligation to pay 50,151,481 won in total as of December 7, 2017, a joint and several obligation to compensate for unpaid rents and management expenses, and issued them to the Plaintiff with signature and seal affixed thereon.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings
2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 50,151,481 as well as damages for delay calculated at the rate of 5% per annum under the Civil Act from November 14, 2018 to May 21, 2019, respectively, from July 18, 2018 to May 21, 2019, respectively, from the date of delivery of a copy of the complaint of this case, to the Plaintiff.
(1) The Defendants asserted that the Defendants suffered losses from the destruction or loss of their houses, fixtures, etc. owned by the Defendants intentionally or by negligence from the date following the date of the preparation of the agreement, but there is insufficient evidence to acknowledge it. Thus, the Defendants’ assertion is difficult to accept.
3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are without merit.