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(영문) 의정부지방법원고양지원 2014.11.05 2014가합50890

임대차보증금

Text

1. Defendant C and D shall pay to each Plaintiff KRW 60,000,000.

2. The plaintiff's claim against the defendant B and the defendant.

Reasons

1. Basic facts

A. On April 3, 2013, the Plaintiff entered into a commercial lease agreement (hereinafter “instant lease agreement”) with Defendant C and D on April 3, 2013, with the purport that the Plaintiff shall lease each of the 401st 401 and 402 units of the F Hospital located in E in Pakistan from Defendant C and D, and the term of lease from April 3, 2013 to April 2, 2018, and paid KRW 40 million to Defendant C and D as the lease deposit.

B. The Plaintiff, Defendant C, and D agreed to pay KRW 20 million from the F Hospital to the amount of the facility at the time of closure and transfer, irrespective of the lessee, as stipulated under the terms and conditions of the instant lease agreement.

C. The F Hospital closed on February 5, 2014.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. Judgment on the Plaintiff’s assertion of the cause of claim

A. The Plaintiff’s assertion that Defendant B operated the F Hospital by receiving investment from Defendant C and D.

On April 2013, the Plaintiff visited the said hospital after hearing the petition that the said hospital colors the patient to be provided. He heards that in order to operate the restaurant within the said hospital, the Plaintiff should enter into a contract with the Defendant C and D, which is the investor, and concluded the instant lease agreement with the Defendant C and D, and provided the patient and the employees with meals while operating the restaurant of the said hospital.

However, the above hospital did not pay meal costs from July 2013, and closed on February 5, 2014.

The Plaintiff was no longer able to operate a restaurant within the pertinent hospital due to the closure of business of the F Hospital, and the instant lease agreement was terminated.

Therefore, Defendant B’s partnership added up KRW 35,973,500 for meal expenses and KRW 40,000 for lease deposit and KRW 20 million for facilities stipulated in the special contract of the instant lease agreement to the Plaintiff, and KRW 100,973,500 for unpaid meal expenses, which are the amount claimed by the Plaintiff in the cause of the claim, and KRW 35,973,50 for rental deposit and KRW 40 million for lease.