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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 2,621,557 and KRW 735,010 among them, Defendant B from September 19, 2014.
Reasons
1. On February 13, 2014, Defendant B entered into a lease agreement with the head of Mapo-gu Seoul E 101 floor (hereinafter “instant building”) on behalf of the Plaintiff (hereinafter “instant lease agreement”) to lease KRW 10 million, monthly rent of KRW 110,000 (excluding value-added tax of KRW 10%, monthly rent of KRW 110,000,000) and the term of lease from February 13, 2014 to February 12, 2015 (hereinafter “instant lease agreement”).
On the same day, Defendant C agreed to impose all responsibility on the Plaintiff when Defendant B fails to fulfill its obligation under the instant lease agreement.
2. The parties' assertion
A. The Plaintiff’s assertion that Defendant B used the instant building upon delivery from the first patrol officer on November 2013, and paid 120,000,000 won out of the monthly rent of KRW 17,746,00,00 under the instant lease agreement, which was generated for 14 months and 20 days from the time of delivery of the building on January 20, 2015. As such, the Defendants are jointly and severally obligated to pay the Plaintiff the remaining rent of KRW 16,536,00,00, which was deducted therefrom.
Since the Plaintiff paid the total sum of management expenses incurred from May 2014 to January 20, 2015 from the time when Defendant B delivers the instant building on behalf of KRW 1,839,29, the Defendants are jointly and severally liable to pay the said money to the Plaintiff.
B. Defendant B’s assertion that the Plaintiff did not pay management fees for the instant building, which was prevented from supplying electricity at any time, and the Plaintiff obstructed Defendant B’s use of the instant building.
Since Defendant B was unable to use the instant building properly due to the above act of the Plaintiff, it is not obligated to pay rent, etc. to the Plaintiff, and it is required to return KRW 8 million paid from the Plaintiff as the deposit for lease.
3. Determination
A. As to whether Defendant B failed to use or benefit from the instant building, the evidence Nos. 2 and 6 alone is insufficient to pay the Plaintiff’s management fee.