임대차보증금반환등
1. As to the claim of the principal lawsuit by the judgment of the court of first instance, including the claim for a principal lawsuit added by the plaintiff (Counterclaim defendant) at the trial.
1. Facts of recognition;
A. The Defendant and E or H’s lease contract 1) Defendant and E or H Co., Ltd. (hereinafter “H”)
) On May 24, 2013, the Defendant’s 6th floor building in Gangnam-gu Seoul F and G (hereinafter “instant building”).
E or H (hereinafter referred to as “E, etc.”) 2 to 4 stories
) On July 5, 2013, the lease deposit amount of KRW 200,000, monthly rent of KRW 20,000,000, and the lease term of KRW 5,000 from July 4, 2018 was entered into (i.e., lease contract) and (ii) E, etc., paid KRW 200,00,000 to the Defendant around that time, and operated the hospital on July 5, 2013 from July 5, 2013 to April 4, 2018.
3) On November 24, 2013, E, etc. suspended the operation of the above hospital, and thereafter, they installed a corrective device at the 1st floor entrance without using the medical equipment and fixtures on the 2 through 4th floor of the instant building (Evidence A5, 7, 8, 16, 1, 12, 4). around that time, Defendant and E, etc. returned the lease deposit amount of KRW 200,00,00 (annual rent deduction) to E, etc. when the Defendant entered into a lease agreement with a new lessee for the instant building and received the lease deposit, and E, etc. returned the lease deposit amount of KRW 20,00,00 (annual rent deduction) to E, etc. by terminating the lease agreement with the Defendant and setting up the said medical equipment and fixtures, etc., or giving up the ownership thereof.
(B) On November 25, 2013, E transferred the right to return the lease deposit to H (Evidence 5). (B) On July 28, 2014, the Defendant and the Plaintiff concluded a lease contract with the Plaintiff for the lease deposit of KRW 300,00,000, the lease deposit amount of KRW 35,000,000, the lease period of KRW 35,000,000, and the lease period of KRW 30,000 from July 30, 2014 to July 31, 2017.