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(영문) 수원지방법원 안산지원 2018.11.29 2017가단67530

임대차보증금

Text

1. The Defendant’s KRW 16,215,00 for the Plaintiff and 5% per annum from October 19, 2017 to November 29, 2018.

Reasons

1. Basic facts

A. On August 30, 201, C entered into a lease agreement (hereinafter “the instant initial lease agreement”) with the Defendant on the first floor of the fifth floor (hereinafter “instant building”) among the five floors (hereinafter “instant building”) on August 30, 201, by setting the lease deposit amount of KRW 40 million, monthly rent of KRW 3 million, and the term of lease from October 19, 201 to October 18, 2013 (hereinafter “the instant initial lease agreement”). However, it was impossible to operate the instant dental license agreement due to personal circumstances.

B. From October 19, 201 to October 18, 201, the Plaintiff acquired the instant building that was equipped with the interior artificial artificial surgery facilities with a dental hospital, and operated the instant dental surgery using only the medical equipment without changing its trade name or facilities. On October 30, 201, the Plaintiff agreed to increase the lease deposit amount of KRW 40 million between the Defendant and the Defendant, monthly rent of KRW 3 million (excluding value-added tax), monthly management expenses, KRW 265,00, monthly management expenses, and the lease term of KRW 265,00 from October 19, 201 to October 18, 2013 (hereinafter “instant lease agreement”), and concluded a lease agreement with a special agreement to enter into a lease agreement (hereinafter “instant lease agreement”). < Amended by Act No. 11583, Oct. 18, 2012>

C. With respect to the instant lease agreement, the Plaintiff did not separately pay the Defendant KRW 40 million, and instead paid KRW 40 million to the Defendant the deposit for the lease of the instant lease agreement that C had already paid to the Defendant. On May 21, 2013, the Plaintiff paid KRW 10 million to the Defendant for the increased amount of the deposit for lease of the instant lease.

On November 14, 2013, the Plaintiff changed and renewed the terms of the instant lease agreement between the Defendant and the terms and conditions of the instant lease agreement, setting the lease deposit of KRW 50 million, monthly rent of KRW 3.2 million (excluding value-added tax), monthly management expenses, KRW 265,00, and the lease term from October 19, 2013 to October 18, 2016.

[Grounds for recognition] Nos. 1 through 1.