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(영문) 제주지방법원 2018.12.10 2018가단6975
부당이득금 반환
Text

1. The Defendant’s KRW 91,66,666 among the Plaintiff and KRW 9,166,66 among them, shall be KRW 82,50,000 from May 26, 2016.

Reasons

1. Basic facts

A. On April 10, 2014, the Plaintiff’s wife entered into a contract with the representative director E of the Defendant Company to purchase the Defendant Company’s shares and buildings indicated in the separate sheet, and agreed to enter into a lease agreement until the remainder is paid in full.

Accordingly, on December 4, 2015, between the Plaintiff and the Defendant, a lease agreement on the 2 and 3th floor of the building indicated in the attached Table (hereinafter “instant building”) was concluded between the Plaintiff and the Defendant (hereinafter “instant lease agreement”).

The main contents of the instant lease agreement are as follows.

The rent deposit shall be paid on December 4, 2015, KRW 1 billion, KRW 500 million, KRW 500 million, and KRW 4.

Part payments - Payment shall be made on December 30, 2015, in the amount of five hundred million won, five hundred million won.

Monthly rent of 30 million won / Additional monthly management expenses separate from the tax -

1.The payment shall be made for the following deposits:

Rent and management expenses shall be paid in advance for one month in the future.

4. The lease term shall be five years from December 20, 2015 to December 19, 2020;

5. The lessee shall use the leased object for the purpose of the postnatal care center. The lessee shall use it for the purpose of the postnatal care center.

9. Where this contract has been terminated, the lessee shall restore the leased object to its original state at the time when the lessee removed the existing facilities in order to perform interior works for the purpose of his/her business purpose.

1. Special Agreement provides that monthly rent shall be twenty-five million won, taking into account the initial interior works at the time of the lease contract, for a period of one year.

B. On December 11, 2015, in order to provide facilities necessary to operate the hospital in the instant building, the Defendant’s real estate as security is provided by the Industrial Bank of Korea in obtaining a loan of KRW 1.8 billion from the Industrial Bank of Korea.

The defendant may claim the full amount of the remaining obligations of the loan and the amount equivalent to the agreed interest and damages for delay which have not been repaid to the plaintiff and D immediately.

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