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1. The Defendants jointly and severally deliver two floors among the real estate listed in the separate sheet to the Plaintiff.
2. The plaintiff defendant B.
Reasons
1. Basic facts
A. On June 13, 2014, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the second floor of the said real estate (hereinafter “instant store”).
· Where the payment of lease deposit 40 million won or rent of KRW 2.6 million and management fees of KRW 3.5 million in total (excluding value-added tax) is delayed from July 1, 2014 to June 30, 2015 as of the last day of each month, 10% of the payment period from the date of payment to the date of payment, and 20% of the additional collection for at least two months;
B. The Defendant Company delays the payment of monthly rent, etc. from October 2014.
C. From October 2014, Defendant Company had Defendant D actually possess and use the instant store. D.
On January 14, 2015, the Plaintiff notified the Defendant Company of the termination of the lease agreement on the ground of the rent delay by mail, and requested the Defendant Company and the Defendant D to deliver the instant store.
The expression of intention to terminate the contract reached the defendant company.
[Reasons for Recognition] Each entry (including paper numbers) in Gap evidence 1 to 3, the purport of the whole pleadings
2. The parties' assertion
A. The lessee of the instant store asserted by the Plaintiff had the Defendant Company or the Defendant Company actually occupied and used the instant store to Defendant D.
Although Defendant D agreed with Defendant Company to jointly and severally pay monthly rent, etc. and deliver the store of this case, Defendant D and Defendant D delayed payment of monthly rent, etc. from October 2014 and terminated the lease contract on January 2015.
Although the security deposit for the lease of the defendant company is set off against the unpaid monthly rent, management fee, penalty equivalent to 10% to 20% of the contract, and other public charges, the defendant company has refused to return part of the security deposit and to deliver it.
The defendant company that is a lessee and the actual occupant and user are the lessee.