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(영문) 서울동부지방법원 2021.01.29 2019가단147394
차임 등
Text

1. For the plaintiffs:

A. As from January 30, 2020, Defendant C’s KRW 58,042,00, respectively, and as from January 30, 202:

B. Defendant D is Defendant C.

Reasons

1. Basic facts

A. The Plaintiffs own each 1/2 equity shares in Songpa-gu Seoul Metropolitan Government F Building G and Hho (hereinafter “instant real estate”).

B. On February 5, 2014, the Plaintiffs entered into a lease agreement with Defendant C as to the instant real estate with a deposit of KRW 50 million, monthly rent of KRW 4030,000 ( separate value added tax), and the period from April 25, 2014 to April 25, 2019 (60 months), and subsequently entered into a lease agreement with the lessee under the said lease agreement with Defendant C and one other (hereinafter “I”) on February 5, 2015, and completed the lease agreement with Defendant C and one other (hereinafter “the instant lease agreement”).

(c)

Upon entering into the instant lease agreement, the Plaintiffs and I concluded an agreement that “Defendant C, the representative director of I, is a joint and several surety with respect to the I’s obligations, and I does not raise any objection to the performance of the obligations as a lessee on behalf of Defendant C, including the duty of explanation in lieu of Defendant I” (hereinafter “instant special agreement”).

(d)

I sublet the instant real estate to Defendant D without the consent of the Plaintiffs, and Defendant D had been engaged in the instant real estate from September 2017 to September 201.

E. On the other hand, on August 16, 2017, Defendant C made the Plaintiffs to deposit in two months each month for the portion of close rent and deposit loss, and the remainder of the shortage is the full repayment rate until June 30, 2018.

approximately KRW 52 million was drawn up and issued a written confirmation that "a confirmation is about KRW 52 million."

F. As I continued to delay the monthly rent, the Plaintiffs and I terminated the instant lease agreement on April 28, 2018.

G. The Plaintiffs received the instant real estate on February 28, 2019.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 7, 11, and 15 (including branch numbers), the purport of the whole pleadings

2. Determination

A. 1) With respect to the claim against Defendant C, the aforementioned evidence and facts are as follows.

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