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1. The Defendant’s KRW 90,000,000 as well as 5% per annum from September 1, 2013 to May 30, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The defendant is the owner of the building 5th floor above Mapo-gu Seoul Metropolitan Government (hereinafter "the building of this case"), and the plaintiff is the person who entered into a lease agreement with the defendant on the third floor D of the building of this case.
B. The instant building was commenced on October 10, 201 and completed around June 201, and the registration of ownership was completed on July 16, 2012 after obtaining approval for use on July 10, 2012. (2) The Defendant managed the instant building by entering into a lease agreement on the instant building via E around the time of completion of the instant building.
3) On November 11, 201, when the construction of the instant building was in progress, the Plaintiff’s wife F shall extend the term of lease to June 19, 2012 from June 20, 201 to June 19, 2014; the lease deposit to KRW 20 million; and the monthly rent to KRW 16.8 million (excluding value-added tax; hereinafter the same shall apply) from the Defendant for the purpose of operating a postnatal care center.
A) A lease agreement was concluded under the terms and conditions of setting a lease (hereinafter referred to as “postnatal care center lease agreement”).
(2) Of the lease deposit, the first down payment of KRW 20 million is indicated in the time of a contract, and the second down payment of KRW 20 million is indicated in Article 2 of the Lease Contract (No. 4) in 201, instead of specifying the date of the second down payment. The remainder of KRW 160 million was paid at the time of the completion of construction, respectively, at the 20th day after the completion of construction. The lessor (the Plaintiff) granted the lessee (F) 40 days from the date of the remainder payment, and the rent incurred during this period is exempted, but the lessee is obliged to pay the management fee. 4. Article 14 of the on-board landscape construction contractor’s lease contract of a postnatal care center (No. 4) provides the following special terms.
C. Establishment of G Co., Ltd. and dispute 1 Plaintiff is a postnatal care center lease agreement.