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1. The Plaintiff:
A. The Defendants deliver the real estate listed in the separate sheet;
B. The defendants are jointly and severally liable for 16,800.
Reasons
1. Facts of recognition;
A. On June 11, 2019, the Plaintiff leased to Defendant B Co., Ltd. real estate listed in the separate sheet (hereinafter “instant real estate”) for the lease deposit of KRW 42 million, monthly rent of KRW 4.2 million, and the lease period from June 7, 2019 to June 6, 2020.
(hereinafter “instant lease agreement”). According to the instant contract, the lessee agreed to assume the interest rate of 12% per annum at the time of delinquency in rent payment.
B. Around August 7, 2019, Defendant B sub-leaseed part of the instant real estate to Defendant C, and the Plaintiff consented to such sub-lease.
C. From November 2019, the Defendants did not pay the Plaintiff rent.
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1-3, the purport of the whole pleadings
2. According to the above facts of recognition, since the Plaintiff, a lessor, consented to the sub-lease between the Defendants, the Plaintiff may claim the Defendants to perform the instant contract under Article 630 of the Civil Act, and the instant contract was terminated by the delivery of a copy of the complaint containing the Defendants’ intent to terminate the contract on the grounds of the delinquency in rent.
Therefore, barring special circumstances, the Defendants are jointly and severally liable to deliver the instant real estate to the Plaintiff, and the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 16.8 million from November 7, 2019 to KRW 16.8 million per annum from March 28, 2020 on the day following the delivery date of the copy of the instant complaint to the day of full payment, and the agreed damages for delay calculated at the rate of 12% per annum from March 28, 2020 to the day of full payment, as the Plaintiff seeks.
Furthermore, the Plaintiff sought payment from the Defendants of KRW 2,397,940 in arrears management expenses for December 2019 and January 2020. However, the Plaintiff did not have any assertion as to the right to claim the management expenses directly against the Defendants. Therefore, the Defendants’ reply.