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(영문) 서울중앙지방법원 2013.11.08 2012가합82553
보증금반환 등
Text

1. The Defendant (Counterclaim Plaintiff) filed against the Plaintiff (Counterclaim Defendant) for KRW 117,618,578 and KRW 110,358,578 among them.

Reasons

The main lawsuit and counterclaim shall be judged all at once.

1. Basic facts

A. On April 17, 2007, the Plaintiff A and the Defendant entered into a lease agreement 1) The Plaintiff A are the D Building D (hereinafter referred to as the “D Building”) for the period of Ansan-si from the Defendant.

() 7 and 8 levels of KRW 150 million for lease deposit, KRW 50 million for lease deposit, KRW 550,000 for five years from April 17, 2007, and KRW 4350,00 for monthly rent for 7 and 8 levels of KRW 10,000 for each two-year period as special agreement.

(2) On November 30, 207, Plaintiff A leased KRW 8,000 on monthly management expenses (the value-added tax is set at 10%, electricity charges, gas charges, and water supply and sewerage charges separately), and thereafter operated a mutual medical care institution called “E Council member” in the real estate as of November 30, 2007. (2) On November 30, 2007, Plaintiff A operated the medical care institution of “F Council member” in the real estate as of KRW 100,000,000 from November 30, 2007, KRW 350,000,000 on monthly management expenses (the value-added tax is set at 10%, electricity charges, gas charges, and water supply and sewerage charges) and thereafter thereafter, Plaintiff A operated the medical care institution of “F Council member” in the real estate.

(However, the name of the representative of the above agency was G. 3) Plaintiff A and the Defendant agreed to pay the Defendant the monthly rent of KRW 4,350,000 for the 7th and the 8th floor of the D building up to April 2009, as the Defendant notified that it was the difference and claimed the increased amount, the Defendant paid KRW 5,00,000 per month from May 2009 to April 201, and KRW 5,650,00 per month from May 201 to June 2012. (4) Plaintiff A and the Defendant agreed to extend the lease period of the 7 and the 8th and the 4th floor of D building up to November 30, 2012.

5 The Minister of Health and Welfare, around April 5, 2012, sent a prior notice of disposition to the effect that “the Minister of Health and Welfare is scheduled to issue an opinion on the scheduled suspension of business and to collect unfair amount by claiming the costs of medical care benefits unfairly,” and on September 14, 2012, claims for violation of the standards for calculating hospitalization fees, etc., and for violation of the standards for calculating hospitalization fees for outpatients.

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