beta
Text
1. The defendant shall pay to the plaintiff (appointed party) KRW 52,887,322 as well as his/her annual interest from October 18, 2016 to January 12, 2018.
Reasons
1. Basic facts
A. From around 2005, the Plaintiff operated the hospital by leasing 158 square meters of the second floor (201, 202, hereinafter “instant building”) of the building owned by the Defendant during the Ansan-si, Gyeonggi-do. On September 28, 2009, the Plaintiff and the designated parties D (hereinafter “Plaintiffs”) concluded a lease agreement between the Defendant and the Defendant on September 28, 2009, setting the deposit amount of 60 million won, monthly rent of 500,000 won, and period of lease from October 1, 2009 to September 30, 2013.
B. On March 30, 2014, the Plaintiff reduced the leased area between the Defendant and the 128 square meters (part 201), among the second floor of the instant building, and concluded a lease contract by setting the lease contract from March 30, 2014 to March 29, 2016 (hereinafter collectively referred to as “instant lease contract”). As a special agreement, the Plaintiff agreed to renew the lease contract by reducing the rent equivalent to the rent of 202 to 202.
C. Around March 2014, the Plaintiff installed a partitions that separates the instant building 201 and 202, and delivered 202 units to the Defendant. The Defendant leased 202 units to a third party from November 2014, and KRW 5 million and KRW 600,000,000,000 from the lessee, were to be paid to the Plaintiff.
The Plaintiff and the Defendant agreed to extend the term of the instant lease agreement until September 30, 2016, and the Plaintiff delivered the instant building 201 to the Defendant on October 4, 2016, but the Defendant asserted that the Plaintiff failed to restore it to its original status, and did not refund the lease deposit.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings
2. The parties' assertion
A. On March 2014, the Plaintiff asserted that the construction of the instant building was completed and delivered to the original state with the Defendant’s consent, and the Defendant re-delivery 202.