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(영문) 서울중앙지방법원 2017.01.12 2016가합523687
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 13, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Defendant on part of the 9th floor in Seoul Special Metropolitan City, Nowon-gu’s 2 or 5 floors (including part of the underground 2 or 5 floors, the sum of the leased areas, 5,416.82 square meters; hereinafter “instant real estate”) with respect to the instant real estate for the purpose of operating a hot spring resort business (fabab) and a healthcare room. From July 1, 2015 to June 30, 2025, the term of “the instant real estate” was from July 1, 2015 to June 30, 2025; KRW 50 million for lease deposit; KRW 4,500,000 for monthly management expenses (excluding value-added tax); and KRW 3.3 square meters for monthly management expenses (hereinafter “value-added tax”).

(No. 3). (b)

On April 17, 2015, the Defendant filed an application with the Plaintiff for the conciliation prior to filing a lawsuit regarding the instant lease agreement with the competent court, and drafted the protocol of conciliation prior to filing a lawsuit (hereinafter “instant protocol of conciliation”) on June 1, 2015.

(A) Evidence A. Of the protocol of conciliation in this case, the parts relating to this case shall be as follows:

Section 1.3

4.(a)

The respondent (referring to the plaintiff; hereinafter referred to as the "Plaintiff") shall commence the work after paying the applicant (referring to the defendant; hereinafter referred to as the "defendant") KRW 260 million from April 23, 2015 to April 23, 2015, out of the deposit deposit deposit KRW 500 million, and shall pay KRW 100 million until March 4, 2016.

(s) The amount of KRW 140 million has been paid by D by the representative director of the Plaintiff).

The plaintiff shall commence the business of a private house or a workplace with the second and third floors underground among this real estate, and at the same time pay 100 million won at the facility use cost to the defendant, and shall not commence the business of a private house or a workplace at the time of payment.

C. From July 1, 2015 to June 30, 2025, the Plaintiff shall pay the monthly rent of KRW 45 million to the Defendant by the 30th day of each month (the first payment date on July 30, 2015).

However, prior to the arrival of the end of each month, the lease term shall expire until the expiration of the order.

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