beta
Text
1. The decision subject to review shall be revoked.
2. The plaintiff (defendant)'s claim is dismissed.
3. The cost of the review shall be included.
Reasons
The summary of the instant case pertains to the subject matter that the Plaintiff, who leased a pharmacy from the Defendant, sought payment of damages to the Defendant for the performance of an agreement on the lease agreement, and won the entire decision for a retrial. The Defendant, the representative of the Defendant, has no legitimate power of representation, and the Defendant, a medical corporation, seeks revocation of the subject matter for a retrial and dismissal of the Plaintiff’s claim, by asserting that the lease agreement and the agreement on the basic property of the Defendant
In fact, on June 29, 201, the Plaintiff entered into a lease agreement between the Defendant’s president and F on June 29, 201 to lease the first floor of the Defendant D Hospital in Dongjak-gu Seoul Metropolitan Government with a deposit of KRW 200 million and monthly rent of KRW 3 million, and paid KRW 50 million to E as premium for the said lease agreement.
The plaintiff and the defendant F agreed that the plaintiff will immediately cooperate with the defendant so that the hospital remodeling construction is completed as a special agreement while entering into a lease agreement, and if the plaintiff is unable to establish the pharmacy due to the defendant's failure to do so, the defendant agreed to pay the amount of the down payment paid by the plaintiff as the amount of the down payment and the expenses for the equipment and all other expenses as damages.
(2) The lessor may establish a pharmacy on the first floor.
(3) If the medical staff who was promised to complete the construction works at the time of the completion of the construction works is not completed by the end of March 2012, if it is impossible to open a pharmacy due to the lack of permission for the pharmacy, the president of the defendant foundation F shall undertake remodeling works at the time of the lease contract, if the construction works are not completed by the end of March 2012.