(영문) 서울동부지방법원 2018.04.11 2017가단109695

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(영문) 서울동부지방법원 2018.04.11 2017가단109695

보증금반환

Text

1. The Defendant’s KRW 9,121,860 as well as the Plaintiff’s annual rate of KRW 5% and 15% per annum from March 1, 2017 to April 11, 2018.

Reasons

1. Basic facts

A. On February 20, 2009, the Plaintiff entered into a lease agreement with the agent of C and the Defendant himself (hereinafter “Defendant, etc.”) by setting the lease deposit amount of KRW 183,400,000, monthly rent of KRW 7,000 (excluding value-added tax; hereinafter the same shall apply) with respect to the lease deposit of KRW 183,40,000, monthly rent of KRW 7,000 (excluding value-added tax; hereinafter the same shall apply), between February 12, 2009 and May 12, 2010, and accordingly, received delivery of the instant building by paying the lease deposit to the Defendant.

B. On February 12, 2013, the Plaintiff entered into a new lease agreement with the Defendant, etc., setting the lease deposit amount of KRW 200,000,000 with respect to the instant building (hereinafter “the instant lease deposit”), monthly rent of KRW 7,00,000, and the lease term as until November 12, 2015 (hereinafter “the instant lease agreement”). At that time, the Plaintiff paid the Defendant the increased portion of the lease deposit.

C. After that, on May 9, 2016, the mediation date of the mediation case (Seoul Northern District Court 2016s. 201354), which was the mediation date of the mediation case (Seoul Northern District Court 2016s. 201354), the mediation was concluded between the plaintiff and the defendant, and the mediation protocol was prepared as follows.

(A) The Defendant’s “Defendant” is the Defendant of this case.

The Defendant ordered the Plaintiff to order the instant building and pay KRW 7,00,000 per month from May 2016 to the completion of life expectancy (rent, surcharge, and surcharge).

B. If the Defendant pays the above money without delay on the 12th day of each month, the Plaintiff shall postpone the date of surrender of the paragraph A on December 31, 2016.

C. The Plaintiff shall allow a third party to transfer the business rights on the part of the above building (a hospital) to a third party within the said period and to receive premium (such as facility cost).

When the plaintiff makes a lease contract with a new occupant, the deposit amount of KRW 200,000 and monthly rent of KRW 8.

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