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(영문) 서울고등법원 2016.05.31 2015나2002629
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff’s business is a person engaging in tegrative fishery, and the Defendant is a person who operated tegrative surgery (hereinafter “the instant hospital”) with the trade name “D” in subparagraph 1 of the sixth floor of Seocho-gu Seoul Metropolitan Government C building (hereinafter “C6 floor”).

The Plaintiff and the Defendant became aware of the introduction of Nonparty E around August 2012.

Article 1 (Period of Lease: 170 square meters (including co-owned area): From August 16, 2012 to August 15, 2014, the total amount of deposit for lease: KRW 200 million: KRW 20 million (payment date: July 30, 2012), intermediate payment of KRW 50 million: The remainder of deposit for lease: KRW 130 million (payment date: KRW 130 million: Management expenses for KRW 13 million: KRW 4,420,000: KRW 3 (transfer of rights, prohibition of sub-lease and facility expenses, rent and management expenses for each month): 4,420,00 won; and the area of the sub-lease or part of the deposit without consent to the third party during the contract period."

Article 14 (Matters of Special Agreement) (1) "B" shall commence the interior construction at the time of the completion of the payment of the remainder, and the management expenses shall be imposed from the beginning date of the interior.

(2) Rent shall be calculated and imposed from August 24, 2012.

(3) “A” recognizes a sub-lease contract requested by “B” only by the former lessee, Defendant, and H, and “B” shall be liable for all damages and damages that may be incurred by the sub-lease contract.

B. On July 30, 2012, E entered into a lease agreement with F and G on the 6th floor (hereinafter “instant lease agreement”), and its main contents are as follows.

1. Indication and trade name of the real estate: D gender penalty and imposition;

2. Terms and conditions of the contract (agreement) and deposit for sublease: 20 million won or monthly rent: Article 2: The period of sublease shall begin on August 16, 2012;

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