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(영문) 서울중앙지방법원 2016.07.20 2015나61605

공사대금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On August 22, 2014, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendants setting the lease deposit amount of KRW 800,000,000,000 for the first and second floors of the Seocho-gu Seoul D Building (hereinafter “instant building”), monthly rent of KRW 17,00,000 for rent (excluding value-added tax), and from September 1, 2014 to November 31, 2019 for the lease period (hereinafter “instant lease agreement”).

B. According to the terms and conditions of the instant lease agreement, on December 1, 2014, the Plaintiff paid the intermediate payment of KRW 300,000,000 as the intermediate payment of the lease deposit, and KRW 300,000 as the remainder of the lease deposit on the interior facility construction of the instant building, respectively, and decided to change the use of the instant building to educational and research facilities for the sake of the Defendants’ responsibility and expenses.

C. On November 24, 2014, the Plaintiff and the Defendants completed the Defendants’ change the use of the first floor among the instant buildings into educational research facilities and neighborhood living facilities, and the use of the second floor among the instant buildings into educational research facilities. On the last day of the month when the change of use is completed, the Plaintiff entered into an additional special agreement including the intermediate payment of the lease deposit and the payment of the remainder of the lease deposit at the time of occupancy (hereinafter “additional special agreement”).

On November 26, 2014, the head of Seocho-gu Seoul Metropolitan Government permitted the Defendants to change the purpose of subparagraph 1 of the first floor of the instant building from business facilities to educational and research facilities (private teaching institutes), first-class neighborhood living facilities, and second-story of the instant building to educational and research facilities (private teaching institutes) respectively.

[Reasons for Recognition] Evidence No. 1, Evidence No. 5, Evidence No. 7, Evidence No. 1, Evidence No. 3-1, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The terms and conditions related to the alteration of the purpose of use among the terms and conditions of the instant lease agreement, and the term “the completion of alteration of the purpose of use” stipulated in the instant additional agreement are completed by the Defendants.