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(영문) 창원지방법원 2017.07.13 2017가단102726

차임감액청구

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around November 2015, the Defendant hospital announced a detailed statement of the project for the selection of convenience facility lessees in the Defendant hospital. Around November 2015, the above detailed statement of the project: (i) the average number of outpatients: 4,000 to 4,500 (the total number of outpatients: the guardian of outpatients); (ii) the current status of the operation of convenience facilities: 1 (is in / panch), 1 (is in / panch), 1st underground convenience facilities, 2 (medical terminal stores) convenience facilities of the first underground floor, 3 (live 4 (on-site) convenience facilities of the second underground floor (on-site) and 2 (0) convenience facilities of the second underground floor (on-site), the Plaintiff entered into the lease agreement with the Defendant hospital with the method of selecting successful bidders, and entered into the lease agreement with the Defendant hospital with the Defendant’s maximum monthly rent of at least ten (10) years to 20 (10) years prior to the date of the lease agreement with the Defendant hospital.

B. 1) After the conclusion of the instant lease agreement, the Defendant hospital publicly announced within the hospital that “B hospital is a public institution subject to the Improper Solicitation and Trade Business Act (Seoul Youngran Business Act), and that “I will receive any gift provided by the patient or his family member. I will receive any gift provided by the patient or his family member.” 2) The Defendant hospital publicly announced that “I will receive any gift provided by the patient or his family member.” The Defendant hospital’s general hospital will be audited only with 18:00 p.m. to 20:00 a.m. on the ordinary hospital, from 10:0 to 12:0 a.m., from