beta
Text
1. The Defendants jointly and severally liable to the Plaintiff KRW 24,00,000 and Defendant B with respect thereto from June 10, 2015, and Defendant C with respect thereto.
Reasons
1. Basic facts
A. On March 31, 2014, the Plaintiff entered into a lease contract with Defendant B, setting a deposit of KRW 30,000,000 (the remainder amount of KRW 10,000,000 until May 31, 2014, the remainder amount of KRW 20,000,000 until June 30, 2014) with respect to the building for the instant factory (hereinafter “instant factory building”) owned by the Plaintiff, as of March 31, 2014, and delivered the instant factory building to Defendant B.
B. From April 2014, Defendant B delayed the rent.
C. On May 20, 2014, Defendant C jointly and severally guaranteed Defendant B’s above lease deposit payment obligation and rent payment obligation against the Plaintiff.
[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the overdue 24,000,000 won (=3,000,000 won x 8 months) from April 2, 2014 to November 2014, and as requested by the Plaintiff, the following day after the delivery date of the copy of the complaint of this case as the delivery date of the Plaintiff. Defendant B is from June 10, 2015; Defendant C is jointly and severally liable to pay damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 2, 2015 to the day of full payment.
3. Determination as to Defendant B’s assertion
A. First, Defendant B asserts that there are KRW 30,000,000 under the instant lease agreement, and that the overdue rent does not amount to KRW 24,00,000.
However, Defendant B paid KRW 30,000,000 as lease deposit under the instant lease agreement.
There is no evidence to acknowledge that the rent was paid after April 2014, and the above assertion is without merit.
B. Next, from February 2012, Defendant B had operated the instant factory building along with E and the general waste business, and changed the name of the business operator and the lease contract to the Defendant B’s name.