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(영문) 서울중앙지방법원 2016.12.14 2015가단5384487

계약금 반환의 소

Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from December 29, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant operates a convalescent hospital with the trade name “Dvalescent hospital” at the above address, which is a medical corporation established with the land and the ground buildings of Seosan City as its fundamental property.

On September 1, 2015, the Plaintiff concluded a prior agreement with the Defendant for a rental contract and paid the down payment of KRW 100 million to the Defendant.

The main contents of the prior agreement are as follows:

Part to be leased: it shall be the portion excluding the existing facilities (water power failure and power generation room) of the second underground floor.

1. Deposit for lease, KRW 500 million, and monthly rent of KRW 5 million, shall be KRW 100 million;

Any balance of 400 million won shall be paid through consultation and shall be established.

1. In this case, the question of the artificial park facilities, etc. between Gap and Eul shall undergo consultation.

(2) A and B shall consult with B about the payment of any balance, term of contract, disapproval of the preceding term, matters concerning operation, liability for damages, termination of a contract, matters concerning a renewal of a contract, measures for discretionary facilities, interpretation of the provisions, and other matters.

(3) If the agreement under paragraphs (1) and (2) is not reached or if it is impossible due to approval, etc. of a Do Office, this case shall be revoked without any condition.

④ If this case is revoked without any condition, B is deemed to return the down payment deposited on September 1, 2015 to A without any condition (return).

5. Accordingly, this case shall be null and void, and no claim shall be filed against Gap and Eul.

(6) After the conclusion of this Agreement, A and B shall enter into a lease agreement based on mutual consultation.

B. In order to dispose of property to a medical corporation governed by the Medical Service Act, the Defendant obtained permission from the competent Do Governor. Thus, after entering into a prior agreement with the Plaintiff, the Defendant filed an application for permission to dispose of the basic property with the competent Do Governor, but the Do Governor was permitted to provide security on November 9, 2015.

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