기타(금전)
1. The Defendant’s KRW 12,455,653 as well as the Plaintiff’s annual rate of KRW 6% from May 27, 2018 to August 28, 2018.
1. Facts of recognition;
A. The status of the party (1) The Defendant is the owner of Yeonsu-gu Incheon Building (hereinafter “instant Building”) for the purpose of real estate sale and lease business.
(2) The Plaintiff is a company specialized in sub-lease business with the purpose of leasing and sub-lease real estate and consulting the management of a hospital.
B. (1) On November 14, 2011, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant and the Plaintiff’s sublease, etc. (i) a lease agreement with the Defendant to lease a part of 711.16 square meters (hereinafter “instant commercial building”) of the three floors of the instant building as “30 million won of the lease deposit,” “monthly rent of KRW 11 million”, “from August 24, 2012 to August 23, 2022,” and “from the lease term to the imposition of usage, i.e., Einology, dental department, sex surgery, internal department, internal department, pharmacy, skin management room, and gallon” (hereinafter “instant lease agreement”).
The main contents thereof are as follows:
Article 5 (Refund of Security Deposit) (1) Where this contract is terminated due to the expiration of the lease term or any other reason, B (the plaintiff; hereinafter the same shall apply) shall order A (the defendant; hereinafter the same shall apply) under Article 32 (1) without delay to order the object of the lease pursuant to Article 32 (1), and A shall return the security deposit within seven business days after he has been ordered by B to order the object of the lease from B and performance of obligation to report the closure of business under Article 32 (2).
Article 31 (Termination of Contract) (1) Notwithstanding Article 29, A may terminate this contract arbitrarily through prior written notice prior to six months.
(3) Where this contract is terminated under paragraphs (1) and (2) of this Article, the party who has expressed his/her intention of termination shall pay to the other party an amount equivalent to the sum of monthly rents for the immediately preceding three months as liquidated damages.
Article 32 (Change of Name and Duty to Restoration) (1) B shall expire the term of lease.