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1. The Defendants jointly and severally liable to the Plaintiff KRW 4,501,409, and Defendant B with respect thereto from May 13, 2018; and Defendant C with respect to the said amount.
Reasons
1. Basic facts
A. On November 23, 2010, the Plaintiff leased the lease deposit amount of KRW 100,00,000, monthly rent of KRW 4,200,000, KRW 558,600, KRW 5500 per month of management expenses, and KRW 558,600 per month of management expenses, and KRW 558,60 on November 24, 2010 to October 31, 2013. On November 29, 2014, the Plaintiff concluded a lease agreement with the term of lease extended to October 31, 2015, KRW 4,769,40 per month of the rent, and KRW 575,300 per month of value-added tax (each separate agreement was amended), with the other terms and conditions of lease on November 29, 2014.
(2) The Plaintiff may terminate the instant lease agreement without prior notice or peremptory notice, where the rent, etc. is in arrears for at least three months. (On the other hand, the instant lease agreement includes a provision providing that the Plaintiff may terminate the instant lease agreement without any prior notice or peremptory notice, where the payment is in arrears for at least three months. (The Plaintiff may terminate the instant lease agreement without delay if the rent, etc. is overdue.)
(Article 12). (b)
Defendant B occupied and used the instant commercial building in the course of operating a coffee specialty, and thereafter the instant lease was implicitly renewed.
C. From March 1, 2016, the above Defendant delayed the rent and management expenses. On February 1, 2017, the Plaintiff sent to the above Defendant a notice to the effect that “The instant shopping district is terminated on the grounds of the delinquency in the payment of rent for more than three years, and that “the Plaintiff shall deliver the instant shopping district, and pay the overdue rent and unpaid management expenses,” and this was reached to the Defendant around that time.
On April 4, 2017, the Plaintiff filed a lawsuit against Defendant B seeking the transfer of the instant commercial building (U.S. District Court Decision 2017Dadan54435, hereinafter “Delivery lawsuit”) and Defendant C, the husband of the Plaintiff and Defendant B, the husband of the instant commercial building.