logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2019.07.10 2018가합104534
보증금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Around 2009, D Hospital: (a) the Defendant (a) (the trade name before the change is Co., Ltd.; and (b) the Defendant was changed to the current trade name on December 30, 2014; hereinafter the same shall apply) set the contract period of 241.3 square meters of the premises occupied and used in the 1st floor below D Hospital and 813.2 square meters of the premises located in the 1st floor below D Hospital; and (c) the 128.9 square meters of the 1st floor of the 1st floor of the ground, for five years from the date of business commencement, and the deposit amount of 12 billion won.

From March 8, 2010 to March 7, 2015, the Defendant sub-leaseed the part of the first floor coffee building (hereinafter “instant shipping shop”) among the real estate leased to F as above at F at KRW 1,50,000 per month for one year after the date of the rent contract, with the term of contract from March 8, 2010 to March 7, 2015.

B. On March 1, 2012, G (H hospital) of the school foundation: (a) the Defendant leased the term of the contract of 84.8 square meters of the premises of the first floor of H Hospital; (b) 245.5 square meters of the premises of the cafeteria; and (c) 18.8 square meters of the building specializing in coffee, from March 1, 2012 to February 28, 2014; (b) the deposit amount of 30 million won; and (c) the rent of 60 million won per month.

On April 30, 2010, the Defendant lent to F the term of contract the part of the coffee shop on the first floor of H Hospital (hereinafter referred to as the “instant gold shop”) on the ground of the said leased object, setting the deposit amount of KRW 50 million from May 1, 2010 to April 30, 2013, and the rent of KRW 1.5 million per month.

C. On March 26, 2013, the Defendant drafted a lease agreement from March 8, 2010 to March 7, 2015, with respect to the instant shipping substitute store: (a) the lessor, the lessee, the Plaintiff A, the deposit amount of KRW 50 million; (b) the monthly rent of KRW 1.5 million; and (c) the period from March 8, 2010 to March 7, 2015.

On April 30, 2013, the Defendant drafted a lease agreement from May 1, 2013 to April 30, 2016, with respect to the instant opening store by the lessor, the lessee, the Plaintiff B, the deposit amount of KRW 50 million, the monthly rent of KRW 2 million (excluding value-added tax), and the period from May 1, 2013 to April 30, 2016.

E. The plaintiff A is the F's wife, and the plaintiff B is the F's wife.

[Ground of recognition] There is no dispute.

arrow