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(영문) 인천지방법원 2015.12.22 2013가합32389
손해배상(기)
Text

1. The Defendants jointly share the amount of KRW 292,00,000 to the Plaintiffs, as well as the period from January 2, 201 to December 22, 2015.

Reasons

1. Basic facts

A. The Defendants leased the instant restaurant (hereinafter “instant restaurant”) of the 6th floor E and F G hospital located in Nam-gu Incheon Metropolitan City (hereinafter “instant hospital”) with a deposit of KRW 650,000,000,000,000 to operate the restaurant for the hospital and the hospital patient from January 2008, and decided to terminate the lease contract on the ground of food ties, etc.

around October 2, 2008, the Defendants received KRW 50 million from the side of the instant hospital as the down payment for the termination of the lease contract, but failed to receive the refund of the deposit.

On November 28, 2008, H issued to Defendant C a promissory note with the face value of KRW 200 million, the due date of payment of KRW 450 million, and the due date of payment of KRW 450 million, and the due date of payment of KRW 30,000,000 for the return of the lease deposit, and on March 30, 2009, written and issued a notarial deed stating the purport of recognizing compulsory execution on the same day.

H As the face value amount was not paid until the due date of the Promissory Notes, Defendant C was granted the execution clause based on the Notarial Deed on April 27, 2009.

B. The Defendants were introduced through I on December 2008, when they discovered persons to take over the instant restaurant in order to refund the lease deposit.

On April 30, 2009, the Plaintiffs decided to take over the instant restaurant in the amount of KRW 650,000 and premium of KRW 80,000,000 for lease deposit and premium of KRW 650,000.

On the same day, the Plaintiffs entered into a lease agreement with H on the instant restaurant (a lease deposit of KRW 650 million), and paid the Defendants the down payment of KRW 150 million, and on May 12, 2009, the Defendants respectively paid KRW 50 million under the name of the return of the lease deposit and the premium for the said restaurant.

C. From May 15, 2009, the Plaintiffs operated the instant restaurant. At the time of the said lease agreement, H shall pay food expenses 3 days after the date of receipt of the medical insurance food expenses of the instant hospital at the time of the said lease, and the expenses shall be paid from July 30, 2009 to 30 days after the end of each month.

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