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(영문) 서울중앙지방법원 2016.01.13 2015가단44579
약정금
Text

1. The Defendant: 5% per annum from April 1, 2015 to July 23, 2015, and July 24, 2015, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 27, 2011, the Plaintiff (hereinafter “instant building”) leased the first floor among the Gangnam-gu Seoul Building C (hereinafter “instant building”) owned by the Defendant to open and operate a hospital under the name of “D Council member” (hereinafter “D Council member”), and continued to operate the said Council member on March 8, 2013 by concluding a renewal contract under which the lease deposit amount was modified to the end of March 10, 2015, and the lease term was amended to the end of March 10, 2015.

B. On November 24, 2014, the Defendant sold the instant building and site to KRW 14,941,680,000 between the Non-Party Telecommunications Co., Ltd., and concluded a sales contract with the purport to deliver all of the instant building including the instant member by January 30, 2015, which is the remainder payment date.

C. After that, on January 26, 2015, the Defendant agreed with the Plaintiff on the delivery of the instant member (hereinafter “instant agreement”) as follows.

1) The Defendant and the Plaintiff agree to terminate the lease agreement for the instant member as of January 29, 2015. 2) The Plaintiff collected and removed all the Plaintiff’s medical devices, assets, office fixtures, and signboards in the instant member, and returned the instant member by January 29, 2015.

3) The Defendant shall pay KRW 200,000,000 to the Plaintiff for the reasons for demanding the Plaintiff to deliver the instant member without fulfilling the lease contract term and for the period necessary for the interior of the interior and place other than the building to be transferred by the Plaintiff, upon recognizing part of the personnel expenses and operating losses for the period required for the transfer of the instant member, on three occasions, on January 30, 2015, on condition that the instant member will be transferred to the instant member under the transfer cost of the instant member. D. The Defendant paid KRW 100,000,000 on March 26, 2015, and KRW 50,000 on March 31, 2015 pursuant to the instant agreement. However, according to the agreement, the Plaintiff delivered the instant member to the Defendant around January 29, 2015, the Defendant paid only KRW 100,000,000 among the contract amount for delivery expenses under the agreement, to the Plaintiff without any ground for dispute.

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