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(영문) 서울중앙지방법원 2019.02.14 2017가단92756
차임 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 26,258,065 as well as the full payment from November 7, 2017.

Reasons

1. Basic facts

A. On November 29, 2016, the Plaintiff concluded a real estate lease agreement (hereinafter “instant lease agreement”) with respect to the building located in Bupyeong-gu Incheon Metropolitan Government and two lots of land (hereinafter “instant building”) except for the No. 1st floor D of the ground among the buildings located in Bupyeong-gu Incheon Metropolitan Government and the 2nd floor below the ground (hereinafter “instant building”). The Plaintiff leased the instant building to establish and operate the Evalescent (hereinafter “instant hospital”) in order to lease the instant building by determining the lease deposit amount to be KRW 1 billion, monthly rent to be KRW 37 billion (excluding value-added tax), and the lease period to be ten years from the date the lessee’s occupancy is completed.

B. According to the instant lease contract, KRW 200 million out of the lease deposit KRW 1 billion on the date of the contract, the intermediate payment KRW 300 million on the date when the previous lessee completed the delivery of the building of this case, and the remainder KRW 500 million was paid by the lessee one day prior to the commencement of the construction for the establishment of the hospital (Article 1(1)), and the lessor shall begin the installation of a sunken elevator and fire-fighting sprinkler at the same time when the lessee starts the construction of the building of this case, and the lessee shall not be held liable for the non-compliance of the construction period if the delay occurs due to the said construction (Article 11(3); hereinafter “instant fire-fighting system special agreement clause”) and also, the rent shall be calculated from the date when the delivery of the previous lessee is completed to the date when the establishment of the hospital is completed, and the lessee shall be settled from the date when three months have elapsed since the commencement of the construction, and the lessee shall be submitted to the Corporation and the hospital prior to the commencement of the construction.

(Article 11(8) and (3) of the Special Agreement on Rent (hereinafter “Special Agreement on Rent”).

The Plaintiff’s instant case on January 23, 2017 to the Defendant.

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