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(영문) 창원지방법원 2020.02.19 2019가단108766
임대차보증금
Text

1. Defendant B Co., Ltd.: (a) KRW 195,434,319; and (b) KRW 5% per annum from January 17, 2019 to February 19, 2020.

Reasons

1. Facts of recognition;

A. On June 25, 2016, the Plaintiff: (a) drafted a lease contract for KRW 200,000,000, monthly rent of KRW 12,000,000; and (b) paid KRW 20,000,00,00 to F, etc. on June 27, 2016, which was newly constructed, for the buildings E (hereinafter “E”) and 5 through 8 floors, which were newly built, from the date of delivery, for the buildings of KRW 20,00,000.

B. On October 20, 2016, the Plaintiff changed the leased object to the 7th and 8th floor of the building E (hereinafter “instant real estate”) and re-established a lease agreement of KRW 200,000,000 per month, monthly rent of KRW 6,00,000, and year from the date of delivery for the period of two years from the date of delivery. Around that time, the Plaintiff received the instant real estate and carried out the Human Resources Corporation for the opening of the hospital.

In the above lease agreement, "this contract shall be replaced by a new contract at the time of moving in (3). For six months after the opening of the loan, the monthly rent shall be reduced by one million won, and the monthly rent shall be paid by five million won (6). The monthly rent is calculated from the opening of the loan (7)."

C. On December 26, 2016, F, etc., obtained approval for use of E-building.

On January 16, 2017, the Plaintiff opened the “H-type Foreign Medical Institute” to the instant real estate on January 16, 2017, and thereafter, on February 8, 2017.

In preparing this contract with F, etc. in accordance with paragraph (3) of the special terms of the lease agreement entered in the port, the above contract will be prepared in lieu of a new contract.

On February 8, 2017, the date of the lease agreement entered in the port was changed to February 8, 2017, and the special agreement was deleted to replace this contract.

(A) A lease agreement between the Plaintiff and F (hereinafter “instant lease agreement”). The Plaintiff: (a) on February 8, 2017, the first monthly rent of KRW 5,500,000 (including rent and value-added tax from January 16, 2017 to February 15, 2017) was monthly rent of KRW 5,50,000 (including value-added tax from January 16, 2017 to July 15, 2018) or from July 31, 2018, the Plaintiff was monthly rent of KRW 5,50,000 to F, etc. (including value-added tax from July 16, 2017 to July 15, 2017) or of KRW 6,600,000,000 from July 16, 2017 to July 31, 2018.

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