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Reasons
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(영문) 서울남부지방법원 2015.08.21 2014가단56922
임대료 등
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1. The Plaintiff:

A. As from October 28, 2014, Defendant A Co., Ltd.: (a) KRW 75,276,000 and its amount:

B. Defendant B.

Reasons

1. Basic facts

A. On August 26, 2014, the Plaintiff leased a chain stone with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on condition that the lease period from August 2014 to August 2016

7. By December 31, 200, monthly rent is KRW 11 million, and if the rent is not paid by the 15th day of each month, it shall be terminated immediately without a peremptory notice. The installation cost of KRW 30,000 and KRW 10,000,000 were to be borne by the Defendant Company (hereinafter “instant lease contract”). Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff on the same day.

B. Upon entering into the instant lease agreement on August 26, 2014, the Defendant Company: (a) prepared a “a special agreement on the lease of shower equipment” to pay the remainder of money in September 1, 2014, by dividing the rent of KRW 24,276,00 to the Plaintiff of Nowon-gu, a former lessee, from May to July 2014; (b) as the attached document to the instant lease agreement (hereinafter “instant special agreement”).

C. The Defendant Company did not pay the Plaintiff the rent and the installation cost for the first month.

[Reasons for Recognition: Facts without dispute, Gap evidence, Gap evidence, Gap evidence 6, the purport of the whole pleadings]

2. Assertion and determination

A. 1) In full view of the fact-finding on the Plaintiff’s claim against the Defendant Company, the Defendant Company is obligated to pay the Plaintiff KRW 30 million for equipment installation costs, KRW 11 million for the first month, KRW 41 million for the first month, and KRW 34,276,276,00 for total KRW 75,276,00 according to the instant special agreement. 2) The Plaintiff’s claim against the Defendant B was jointly and severally liable for the payment of the money indicated in the preceding paragraph with the Defendant Company, as the Plaintiff jointly and severally guaranteed the Defendant Company’s obligation under the instant lease agreement. (B) The Defendant Company is obligated to determine the obligation under the instant lease agreement.

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