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(영문) 서울중앙지방법원 2019.06.19 2017가합586302

차임 등 청구의 소

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 1,101,749,075 and the Plaintiff’s 81,460,190 among them, the Defendant (Counterclaim Defendant)’s KRW 1,101,749,07.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 27, 2011, the Defendant concluded a lease agreement with the Plaintiffs to lease a total of five floors (hereinafter “instant lease agreement”) from the fourth to eight floors above the ground of the Gangnam-gu Seoul Building (hereinafter “instant building”) owned by the Plaintiff (hereinafter “instant building”) and paid the Plaintiffs deposit amounting to KRW 1,00,000,000.

The main contents of the above lease agreement are as follows:

A: Plaintiffs, B: Defendant 2 (Subject Matter of Lease) (2) A shall use the leased object as hospitals, offices, and business facilities necessary therefor.

If B intends to change the purpose of use of the leased object, it shall be notified in advance to A and shall obtain consent from A for the change of use.

Article 3 (Term of Lease) (1) The term of lease under this Agreement shall be seven years from July 15, 201 to July 14, 2018.

Article 4 (Lease Deposit) ① Deposit shall be KRW 1,00,000,000 (hereinafter referred to as "Lease Deposit")

Article 5 (Rents and Management Expenses) The prime rent under this Agreement shall be KRW 55,00,00 (excluding value-added tax), and the management expenses shall be KRW 5,925,000 (excluding value-added tax) from the commencement date of lease.

B shall pay the rent by deposit in the following account by the 30th day of each month.

Article 7 (Late Interest) Where the payment of all or part of the lease deposit, rent, etc. due under this Agreement is not made by the due date, Eul shall pay the unpaid amount at the rate of 20% per annum from the date following the due date to the actual payment date.