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(영문) 서울고등법원 2019.11.14 2019나2009161
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. Status 1 of the parties : Plaintiff (former trade name: N. hereinafter “Plaintiff”)

A) A corporation is established for the purpose of managing and operating sanatoriums on January 9, 2009. 2) The Defendant is a real operator of D Co., Ltd. (hereinafter “D”) established on April 19, 2010 for the purpose of managing and operating sanatoriums.

B. On February 3, 2010, the Defendant entered into the instant lease contract and the consignment management contract. On February 3, 2010, the building owned by the Plaintiff from the Plaintiff and the Defendant on the ground (hereinafter “instant medical care center”).

B) From March 31, 2010 to March 30, 2013, the term of lease was set at KRW 300 million, KRW 20 million, and KRW 300 million, and KRW 20 million, respectively (hereinafter “instant lease agreement”).

(2) However, as the right to collateral security was established on the building of the instant medical center, the Plaintiff and the Defendant could not operate the medical center under the aforementioned lease method under the relevant laws and regulations, and the Plaintiff and the Defendant entered into a contract for the entrustment management of the medical center with the contents that the Defendant’s management D, as indicated in [Attachment 1], managed the instant medical center entrusted by the Plaintiff.

(hereinafter “instant consignment management contract”). The Plaintiff, the Defendant, and D agreed to terminate the instant lease on the same day, and to substitute the money to be paid as a down payment for the termination of the contract on the down payment and intermediate payment of the instant lease contract with the down payment of the instant consignment management contract.

C. On September 1, 2016, D filed a lawsuit against the Plaintiff claiming the return of the deposit (=300 million won) stipulated in the instant consignment management agreement (Seoul Northern District Court Decision 2016Dahap24509) and the Plaintiff terminated the instant consignment management agreement on October 27, 2016 where the said lawsuit was pending, and D agreed to withdraw the said lawsuit.

hereinafter referred to as "the case."

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