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1. The Plaintiff:
A. Defendant B shall pay 18,438,709 won and 20% per annum from May 27, 2015 to the date of full payment.
Reasons
1. Facts of recognition (based on recognition: Article 150(3) of the Civil Procedure Act; Article 150(3) of the Defendants C-C-D-C-U; the fact that there is no dispute; the entries in subparagraphs A1 through 5 and the purport of all pleadings);
A. The Plaintiff is an owner who completed the registration of ownership transfer with respect to a store listed in the separate sheet (hereinafter “instant store”) on April 15, 201.
B. On December 27, 2011, the Plaintiff entered into a lease agreement with Defendant B, stating that the Plaintiff may claim for damages arising from the termination of the contract (hereinafter referred to as “instant lease agreement”) against Defendant B, and that the Plaintiff may claim for damages arising from the termination of the contract to the Defendant B around that time, and deliver the instant store to the Defendant B by: (a) a lease agreement with the effect that the Plaintiff may claim for damages arising from the termination of the contract (hereinafter referred to as “instant lease agreement”); (b) a monthly rent of KRW 1 million (excluding value-added tax); and (c) a lease agreement with the lessor or lessee from December 27, 2011 to December 26, 2016.
C. Since September 2014, Defendant B did not pay monthly rent, the Plaintiff expressed his/her intention to terminate the instant lease agreement through the delivery of a copy of the instant complaint (e.g., May 26, 2015).
At the time of concluding the instant lease agreement to the Plaintiff, Defendant B made a verbal agreement to pay KRW 4 million to the Plaintiff for the delivery cost and other terms of the instant store.
E. Defendant C and D, along with Defendant B, operated the instant store as a partnership business on the same floor as the instant store, and jointly occupied the instant store.
2. Determination:
A. According to the above facts, the instant lease agreement concluded between the Plaintiff and the Defendant B was lawfully terminated due to the delay in rent for more than two years.
Therefore, Defendant B’s delayed payment incurred from September 1, 2014 to May 18, 2015 to the Plaintiff KRW 9,438,709, agreed amount of KRW 4 million, and the instant case.