계약금등반환 청구의 소
1. From September 1, 2016 to August 22, 2018, the Defendant’s KRW 500 million to the Plaintiff, as well as the Plaintiff’s annual rate of KRW 50 million.
1. Basic facts
A. The Defendant is a de facto owner of D who established and operated C Hospital.
B. On May 7, 2016, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant contract”).
A lessor (hereinafter referred to as "A") and a lessee (hereinafter referred to as "B") shall enter into a real estate lease agreement on May 7, 2016, as follows:
Article 1 (Indication of Real Estate): For the purpose of approximately 600 square meters (hereinafter referred to as "lease subject matter of this case"): The deposit under Article 2 (Deposit) of the Funeral Home shall be gold sale KRW 800,000 (Won 800,000,000), and the monthly rent shall be KRW 1,000,000 (Won 11,000,000) and Eul shall be paid to Gap as follows:
(VAT separate): Provided, That for the first year (1) after the occupancy, the monthly rent shall be the gold sale million won (Won 8,000,000).
(1) A month-12-month) A monthly rent shall be 10 million won per gold (Won 10,000,000) for the two-year period after occupancy.
(13th month-36th month) The amount of the intermediate payment on May 9, 2016 (Won 200,000,000) shall be paid in advance at the time of occupancy in June 30, 2016 by the total sum of gold KRW 80,000,000 (Won 200,000,000) and the monthly rent of KRW 80,000,000 (Won 300,000,000) at the time of occupancy in 2016.
Article 3 (Date of Transfer) The rent schedule for the area marked on real estate is anticipated to be the date of completion of the construction of the building, but it shall be delivered and used immediately even before the completion of the construction, and if delayed, the time of completion shall be the date of lease.
Article 4 (Term of Lease) This term of lease shall be fixed from the date of completion of construction to October 2026 (10 years) from the date of occupancy in 2016 to the date of completion of construction.
Article 11 (Termination and Rescission) (1) In the event that Party B does not pay the intermediate payment and the balance to Party A, Party A shall notify Party B of the termination, and Party B may waive the down payment and rescind this contract.
(2) Eul shall be treated as Gap.