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(영문) 대구지방법원서부지원 2019.10.24 2019가단51779
기타(금전)
Text

1. The Defendant’s KRW 175,00,000 as well as 5% per annum from March 7, 2019 to October 24, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 12, 2017, Plaintiff and C’s agent D entered into a lease agreement with the Defendant’s representative on the following day after the completion date of the funeral hall license with respect to approximately 350 square meters of the funeral hall on the second floor below the building (tentatively referred to as “F convalescent hospital” was changed to G convalescent hospital) listed in the attached Table No. 5 (tentatively referred to as “F convalescent hospital,” which was newly constructed on the land of the attached Table No. 1 through No. 4 for the purpose of establishing the Defendant’s corporate body.

However, until April 30, 2018, the lessor completed the funeral home life screening and made it available for the lessee, and the lessee agreed to the bank when paying the remainder after receiving the loan of the lease fund.

In addition, with respect to the 1 and 2 land listed in the attached list in order to guarantee the refund of the rental deposit, the lessor would have established a neighboring mortgage in the future of the lessee, and if the lessor obtains a loan from the bank, he would cancel the registration of the establishment of a neighboring mortgage, but the lessee would be at the second priority.

B. On February 26, 2018, the Plaintiff and D concluded a lease agreement with the Plaintiff, other than the Plaintiff and C, to increase the lease deposit to KRW 1.15 billion, in lieu of the down payment made on June 12, 2017. The remainder of KRW 850 million shall be paid up to May 1, 2018. The lease period shall be ten years from the date of occupancy in the funeral home, and the lessee entered into a lease agreement with the Plaintiff and D, other than the Plaintiff and C.

According to a special contract, a lessor can use the funeral hall term by completing the lease by April 30, 2018, and the lessee can use it, and the lessee has agreed to the bank when the lessee pays the remainder after obtaining a loan of the lease fund. The lessor is a lessee for the new hospital, building, and the site for the lease deposit.

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