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1. The part concerning the claim for necessary expenses in the judgment of the court of first instance, including the part concerning the claim for necessary expenses expanded in the trial.
Reasons
1. Basic facts
A. The Plaintiff and C, a doctor, operated the F Hospital from September 2013 to September 2013 in the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) as the same business, and C withdrawn from the same business relationship around March 2015.
Before the Plaintiff and C operate the hospital in their own name as above, C leased the instant real estate in their own name, and then opened a F Hospital and represent the said hospital externally, and the Plaintiff is in charge of the business and operation of the said hospital, and the obligation of investment was jointly borne by C and the Plaintiff.
B. (i) On July 9, 2013, C entered into a lease agreement between C and the Defendant with the content that C leases the instant real estate from the Defendant during the lease period from August 9, 2013 to August 9, 2018 (hereinafter “instant lease agreement”).
She received 200 million won out of the above lease deposit 300 million won from C, and the remaining KRW 100 million was treated as the loan to C, and on August 22, 2013, the loan certificate was issued from C to C that C borrowed KRW 100 million from the Defendant at the monthly interest rate of 1% per month (hereinafter “the loan certificate”).
C. On March 2015, C’s withdrawal from the partnership relationship and the Plaintiff’s right of lease transfer transferred all the rights and obligations under the instant lease agreement to the Plaintiff upon withdrawal from the partnership relationship with the Plaintiff. The Plaintiff, including the instant loan and the instant loan and the obligation, succeeded to all the rights and obligations under the instant lease agreement.
(hereinafter referred to as “acquisition of the right of lease of this case”). 【No dispute exists, Gap evidence 1, 3, Gap evidence 4-1 through 6, Gap evidence 17-1, 2, Gap evidence 18-1, 2, 19-2, Gap evidence 20-1, 2, and 20-1, 2, 21, 221, 22, and 17-1, 17-2, Gap evidence 18-1, 2, and 18-2.