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1. The Defendant shall pay to the Plaintiff KRW 175,00,000 as well as 20% per annum from August 10, 2012 to the date of full payment.
Reasons
1. Facts of recognition;
A. On June 29, 201, the Plaintiff entered into a lease agreement with the Defendant to lease the first floor of D Hospital C (hereinafter “the first floor of the instant building”) located in Dongjak-gu Seoul Metropolitan Government KRW 200,000,000, monthly rent of KRW 3,000,000 (hereinafter “instant lease agreement”), and paid the Defendant the down payment of KRW 50,000,000 for the said lease agreement, and paid KRW 75,00,000 to E as the premium for the said lease agreement.
B. In concluding the instant lease agreement, the Plaintiff and the Defendant agreed to provide maximum cooperation so that the Plaintiff can run the pharmacy immediately after the completion of the hospital remodeling construction works due to the special terms and conditions, and if the Plaintiff is unable to establish the pharmacy due to the Defendant’s nonperformance of the contract (non-performance of the pharmacy permission), the Defendant agreed to pay the amount of the down payment paid by the Plaintiff as compensation for damages and all other expenses.
C. When the Defendant was unable to commence remodeling construction for the establishment of a pharmacy pursuant to the terms and conditions of the instant lease agreement, on November 29, 201, the Defendant commenced remodeling construction of the instant building by the end of December 2011 so that the Plaintiff may open a pharmacy, completed construction by the end of March 201, and completed construction by the end of March 2012, and where it is impossible to establish a pharmacy due to the completion of construction by the end of March 201, or the completion of construction by the end of March 2012, the instant lease agreement was immediately revoked, and the Defendant agreed to immediately refund the Plaintiff the amount of the down payment and the premium to the Plaintiff with the compensation for losses, and prepared a letter of commitment to the said purport (hereinafter “instant promise”).
On the other hand, the defendant did not commence remodeling construction of the building of this case by April 10, 2012, and the plaintiff notified the defendant that he would pay damages under the letter of undertaking of this case by April 18, 2012.
[Recognition] The fact that there is no dispute, A, 1 through 3.