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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 10,194,760 as well as 5% per annum from January 9, 2014 to June 13, 2014.
Reasons
1. Facts of recognition;
A. The Plaintiff is an organization that manages the parking lots of 127, 128 Dong-dong 147-1 (hereinafter “instant commercial buildings”) and 127 among the astronomical Mauri-dong 147-1 located in Yangsan-si.
B. Defendant A, as the owner of a DNA Lone Star vehicle, was the Defendants, from around 2012, parked the said vehicle in the part (a) abutting on the 127 commercial buildings and crosswalks within the part (a) connected with the said 127 commercial buildings and crosswalks in sequence among the instant commercial parking lots (hereinafter “part inside the parking lot”) and sold the said vehicle at that place.
C. On September 27, 2012, the Plaintiff filed an application with the Defendants for provisional injunction against the transfer of possession of the instant commercial parking lot by the Ulsan District Court 2012Kahap7555, and the said court accepted the Plaintiff’s application on November 7, 2012, and rendered a provisional injunction against the transfer of possession to the effect that the Defendants not possess the part on the part on the part on the part of the parking lot (hereinafter “instant provisional injunction order”), and at the same time, made an indirect compulsory enforcement order to the effect that the Defendants would pay money at the rate of 30,000 won per day from the day the above decision was served to the day when the possession on the part on the parking lot is revoked
On November 9, 2012, the instant provisional disposition order was served on the Defendants. On November 10, 2012, the Defendants moved the said vehicle to the part adjacent to the 128 commercial buildings and crosswalks (a.g., the point and the place) among the parts inside the parking lot on November 10, 2012, and continued to sell an excessive day, etc. from the date to October 30, 2013.
E. On July 16, 2013, the Plaintiff urged the Defendants to pay a non-performance penalty of KRW 30,000 per day according to the instant provisional disposition order. Accordingly, the Defendants paid KRW 425,240 to the Plaintiff on September 16, 2013 with the non-performance penalty imposed on the part of the parking lot in the ship for 15 days.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 16 (including additional numbers), Eul evidence No. 1, and arguments.