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1. The Defendant’s ① On May 29, 2014, Seoul Central District Court Decision 2014 tea 29457 case against Plaintiff A.
Reasons
1. Facts of recognition;
A. On August 31, 2013, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) entered into a lease agreement with the Defendant with the view to the transactional tin set forth in 1 set (hereinafter “instant tin”) owned by the Defendant during the period from August 31, 2013 to September 10, 2014 (the calculation of rent from September 11, 2013 to September 10, 2014), the monthly rent of KRW 3,850,00 (including value-added tax, and the rent from the 25th lease contract on September 25, 2013 to be paid on the 25th day of the previous month in advance (hereinafter “the instant lease agreement”), and the Plaintiff Co., Ltd., a representative director of the Plaintiff Co., Ltd. entered into the said lease agreement with the Plaintiff Co., Ltd. (hereinafter “instant tin”).
B. On May 23, 2014, the Plaintiffs did not pay the rent under the instant lease agreement, and the Defendant jointly and severally filed an application with the instant court for payment order claiming that the Plaintiffs pay rent of KRW 26,950,00 (as of May 23, 2014) and damages for delay (as of May 23, 2014). The instant court ordered the payment order as of May 29, 2014, and the order reached the Plaintiff Company on June 5, 2014, and the payment order portion for the Plaintiff Company was finalized on June 20, 2014.
Plaintiff
The part concerning B was referred to the litigation procedure (2014da213217) and this court rendered a judgment of non- pleadings that ordered B to pay the above KRW 26,950,000 as well as damages for delay on March 19, 2015. The above judgment became final and conclusive on April 11, 2015.
C. The Plaintiffs did not pay the monthly rent after the filing of the above payment order, and the Defendant again sought, on April 15, 2015, the rent of KRW 22,100,000 (the remainder excluding the aforementioned payment order or the final judgment among the base rent as of March 19, 2015) and damages for delay against the Plaintiffs in this court jointly and severally.