손해배상(기)
1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
1. Basic facts
A. The Plaintiff is a company whose business purpose is the establishment, operation, etc. of a sanatorium, and the Defendants are operating a hospital in the trade name of “Dsung Foreign Department.”
B. On January 13, 2012, the Plaintiff and the Defendants concluded a lease agreement with the terms that the Plaintiff shall lease the lease contract amount of KRW 300,00,00 for the lease contract amount of the 300,000 (to substitute bills) and the 10% (value added tax separate) of the total external revenue of the 10% (value added tax) of the 300,000,000 (hereinafter “instant lease agreement”) among the buildings of the 9th ground and the 9th floor (hereinafter “instant building”).
Of the terms of the instant lease agreement, the contents pertaining to the instant case are as follows.
Article 3. The name limit of real estate is a new construction on August 31, 2012, and there is a little change.
Article 4 (Monthly) The time limit for the lease on a monthly basis shall be 60 months from the date of ordering the lessee to surrender the real estate. If the 7th lessee has entered into this contract, he/she shall be given two times the amount received as the down payment to the lessee, and if the lessee has entered into this contract in writing, the down payment shall be null and void and shall not request a return thereof.
A lessor is the basic subject of a contract.
A lessee has no premium when becoming a lessee.
No sub-loan may be made to a third party. If the annual total revenue is less than three billion won, three billion won shall be determined by the total revenue.
10% paid as monthly rent.
(1) Annual Settlement)
C. On January 13, 2012, the Defendants concluded the instant lease agreement with the Plaintiff, and issued promissory notes issued by the Defendants, namely, “I, without good cause, pay KRW 300,000,00 as an unconditional damages upon breach of the terms of the contract or termination of the intermediate contract (hereinafter “instant payment note”) and the date of issuance.”