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(영문) 서울서부지방법원 2018.11.14 2017가단242204

보증금반환

Text

1. The Defendant’s KRW 67,637,420 for the Plaintiff and KRW 5% per annum from December 29, 2017 to November 14, 2018.

Reasons

1. Basic facts

A. On August 17, 2011, the Defendant leased the lease deposit amount of KRW 80,000,000, monthly rent of KRW 3700,000 (excluding value-added tax), and from August 10, 201, the lease period of KRW 370,000 (excluding value-added tax) to Nonparty C with the entire 4 stories of D Building in Kimpo-si (E, F, G, H), 566.09 square meters (hereinafter “instant real property”). C operated at its own expense a member of the mutual association called “I”.

C returned the instant real estate to the Defendant upon termination of the lease contract.

B. On August 11, 2013, the Defendant, including the transfer and takeover of medical institutions between the Plaintiff and C, set the lease term from August 11, 2013 to 24 months, and again leased the instant real estate to C. However, C concluded a contract with the Plaintiff to comprehensively transfer all the rights and obligations regarding the operation of the IE to the Plaintiff on March 19, 2014.

C without receiving a separate premium from the Plaintiff, C received 11,00,000,000 won in total of the price for medicine, facilities, equipment (households, cooling and cooling equipment, water purifiers, cooling equipment, washing machine, laundr, ladrating machine, LED management equipment, high-class ladrg, crying machine, carbr, carbr, etc.) accepted by the Plaintiff, without receiving a separate premium from the Plaintiff.

C. On March 19, 2014, the Plaintiff, including the lease relationship between the Plaintiff and the Defendant, leased the instant real estate from the Defendant as KRW 80,000,000, monthly rent of KRW 3,900,000 (excluding value-added tax), and from April 12, 2014, the lease period from April 12, 2014, including special terms, such as “the lease contract for the basic facilities and must be restored to its original state at the expense of the lessee at the expiration of the lease period. The lessee may not claim any premium, such as facilities and business, against the lessor.”

(hereinafter “the instant lease agreement”). This does not carry out any artificial design construction in addition to the original drawing.