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(영문) 광주지방법원 2016.12.02 2015가합59414

임차보증금반환채권부존재확인의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 21, 2013, the Plaintiff and C concluded a lease agreement with the Defendant on June 21, 2013 with regard to the first floor funeral hall of the instant real estate underground (hereinafter “instant funeral hall”) that operated the instant hospital (hereinafter “instant hospital”) at the real estate listed in the separate sheet owned by C (hereinafter “the instant real estate”) as indicated in the attached list, and the Plaintiff and C agreed to pay KRW 70,000,000, out of the Defendant’s interior construction cost for the instant funeral hall business, KRW 50,000,000, out of the Defendant’s interior construction cost for the instant funeral hall business (hereinafter “instant lease agreement”). Accordingly, the Plaintiff and C agreed to directly pay the Plaintiff and C the amount of KRW 70,00,000, out of the lease deposit that the Defendant shall pay to the Plaintiff and C (hereinafter “instant funeral hall”).

The name of the contract for the lease contract (hereinafter referred to as the "lease contract of this case"): The name of the hospital for the lease of the funeral home of the D hospital: The name of the contract for the lease contract of the D hospital: The contract for the E contract for the North-gu Seoul Metropolitan City from June 21, 2013 to June 21, 2018: The scope of the contract is operated within the funeral hall of 280 square meters in total (store, store, restaurant) of part of the total number of the first floor above the ground. In concluding this contract, the contract is concluded

1. F Hospital: C:

2. D hospital: A lease agreement is concluded between the Plaintiff (hereinafter “A”) and the Defendant (hereinafter “B”) on the basis of mutual trust and good faith.

Article 3 (Deposit for Contract)

1. Contract deposit: 50 million won per day (e.g., e., 500,000), and the contract deposit: 50,000 won per day ( e.g., e., 50,000,000); and

Any balance: be paid at the time of issue of the letter of performance guarantee.

2. In terms of a guarantee for a rental deposit, A shall issue to B a performance guarantee for a rental deposit issued by the Seoul Guarantee Insurance Fund;

Article 6 (Continuation and Completion of Works)

1. Eul shall undertake the construction of interior facilities and extension of the contract place, and by the date of designation after consultation with Gap and Eul.