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(영문) 대구지방법원 2018.07.12 2018가단108572
임대차보증금
Text

1. The defendant,

A. Plaintiff B: KRW 1,392,857; KRW 928,571; KRW 928,571; and KRW 928,571; and each said money.

Reasons

1. Facts of recognition;

A. On January 7, 2011, the Defendant leased approximately 40 square meters among the buildings listed in the separate sheet No. 1 (hereinafter “instant building”) to Fman F, by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 250,000,000, monthly rent of KRW 250,000, and period of lease from January 7, 201 to April 15, 2013.

F paid 5 million won to the Defendant’s side the lease deposit and used the leased portion of this case.

B. Around October 4, 2011, F transferred the right to lease of the instant leased property to A with the consent of the Defendant.

On the other hand, F and the Defendant’s side did not refund the lease deposit of the leased object of this case from the Defendant and instead, F was paid the amount equivalent to the lease deposit from A.

Thus, A paid 19,480,000 won including 5 million won of lease deposit and 14,480,000 won of premium to F.

C. A continued to pay the monthly rent of KRW 250,00 to the Defendant from October 4, 2011 to April 15, 2013, the remaining lease term of the instant lease term, and operated the hospital with the name of “G Council members” in the instant lease term, and thereafter the lease has been explicitly renewed.

A, however, around September 2016, after being diagnosed with Maternal Disease, the hospital operation became difficult and notified the defendant of such fact.

And A, from September 14, 2016 to April 15, 2017, did not pay 1750,000 won (250,000 won x 7 months) for the aggregate of monthly taxes between seven months.

E. A discontinued business registration on April 11, 2017 and suspended the operation of a hospital.

On April 15, 2017, after the lease term for the leased portion of this case expires, A delivered the leased portion to the defendant side.

F. On the leased part of the instant case, each movable listed in the separate sheet No. 2, owned by A and used by A while operating the hospital (hereinafter “the instant movable”).

G. A is on March 16, 2018 during the instant lawsuit.

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