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(영문) 서울중앙지방법원 2019.05.22 2018가합1662
임차보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) shared the Plaintiff’s 361,480,000 won and the Plaintiff’s Counterclaim Defendant from March 1, 2018.

Reasons

1. Basic facts

A. On May 6, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants setting the lease deposit amount of KRW 500,000,000, and KRW 28,500,000,000 (excluding additional tax) to lease the entire medical facilities for G-based hospitals for senior citizens (excluding KRW 6,506, total floor area, KRW 7,335.3 square meters, funeral parlors, and funeral parlors; hereinafter collectively referred to as “instant hospital”) on the ground of three lots, other than the Republic of Korea Specialized Hospital for senior citizens, which are jointly owned by the Defendants, as the lease term from July 1, 2017 to June 30, 2022.

The main contents of the lease agreement (hereinafter referred to as the "lease Agreement") prepared in accordance with the instant lease agreement are as follows.

Article 2 [Period of Lease] 1: “A” after the expiration of the lease term from July 1, 2017 to June 3, 2022 (60 months) (hereinafter the same shall apply)

ii) and “B” (the plaintiff speaks, hereinafter the same shall apply);

) An extension may be extended under Gohap and must be expressed in writing 90 days prior to the expiration of the contract, and automatically extended without prior notice. Article 3 / [Deposit] 1] Rental deposit is set at KRW 500,000,000.

2) At the time of the contract, the sum of the down payment KRW 100,000,000 shall be paid. 3) The remainder shall be paid on June 30, 2017.

Article 4(1) The monthly rent of KRW 28,500,000 for the last day of each month shall be KRW 20,000 for the first day of the month. 2) The interest for arrears of KRW 20,000 for the last day of the payment period shall be paid to “A”.

3) The above monthly rent shall be value-added tax (V.A.T) separate. Article 5(1) of the V.B “A” shall not assign the right of lease to a third party without the consent of “A” nor sublet it for the purpose of security.

2 If it is impossible to operate a hospital in extenuating circumstances of the side of “B” during the lease term, it shall be in agreement with the side of “A” and “A”.

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