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(영문) 서울중앙지방법원 2017.06.28 2016가합525423
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 92,530,093 to the Plaintiff (Counterclaim Defendant) and its related amount from March 7, 2016 to June 28, 2017.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On December 3, 2015, the Plaintiff leased seven floors above ground (hereinafter “instant building”) from the Defendant from the first floor of the instant concrete structure neighborhood living facilities (medical facilities) in Songpa-gu Seoul Metropolitan Government on the ground (hereinafter “instant building”) to the Defendant as the lease deposit amount of KRW 1,200,000,000, monthly rent of KRW 80,000,000, monthly rent of KRW 80,000, and the lease period from December 3, 2015 to December 2, 2020 (hereinafter “instant lease contract”). The main contents of the instant lease agreement are as follows.

The lessor and lessee of the building of this case indicated in the lease agreement shall enter into a lease agreement as follows:

Article 1 (Deposit and Time for Payment) (1,200,000,000) - When a lease contract is concluded, the sum of deposit payment of which is KRW 1,200,000 (50,000) - When a lease contract is concluded, the intermediate payment of KRW 50,000,000 (150,000,000) shall be paid at the last day of each month within 30 days from the contract date of the remainder of KRW 1,00,000 (1,000,000) within seven days from the contract date. (1) The lessee shall pay KRW 80,00,000 (80,000,000) as the last day of each month.

(Additional Tax) Article 3 (Period of Lease) The lease period shall be 60 months (five years) from December 3, 2015 to December 2, 2020.

Article 4 (Designation of Types of Business) (1) A lessee shall use rental real estate for the purpose of operating the hospital business.

(2) No lessee may change the designated type of business without the consent of the lessor.

Article 6 (Right to Early Rescission) (1) A lessor may terminate the contract if the lessee has failed to pay the monthly rent at least twice a month.

(2) A lessor and a lessee shall be liable for the amount equivalent to three months of rents during the period of early termination.

Article 7 (Cancellation of Contract) Before the lessee pays any balance to the lessor, the lessor shall reimburse the amount of the down payment, and the lessee shall waive the down payment and this contract.

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