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(영문) 창원지방법원 2014.04.24 2013가합5121
임대차보증금
Text

1. The Defendants shall pay to each Plaintiff KRW 450,000,000.

2. The plaintiff's remaining claims against the defendants.

Reasons

1. Basic facts

A. On June 24, 2012, the Plaintiff leased the lease deposit of KRW 450,000,000 from the Defendants on the third floor of Kimhae-si D (hereinafter “D”) (hereinafter “D”) and on August 16, 2012, from August 16, 2012 to August 15, 2017, the Plaintiff paid KRW 4,500,000 per month rent (excluding value-added tax) if a special agreement provides more than 2.50 pharmacies, and the lease deposit was fully paid at that time.

B. Around September 15, 2012, the degree of “E” operated by three medical doctors around September 15, 2012, was operated with three medical doctors, but thereafter, the medical treatment was suspended from around July 1, 2013.

C. On July 10, 2013, the Plaintiff sent to the Defendants a certificate indicating the termination of the lease, on the grounds that the Plaintiff could not achieve the purpose of the lease because the Plaintiff’s specialized hospital with three to four medical doctors was not operated.

Until now, the so-called so-called the so-called hospital or clinic (a member of the Medical Service Act refers to a hospital with at least 30 beds for outpatients who mainly provide medical services to outpatients, and a hospital with at least 30 patient beds, or whether it is a hospital under the Medical Service Act is not a key issue in this case. Thus, the hospital and hospital are not classified into hospital and clinic and the hospital are not operated.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 5, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The importation of one pharmacy as to whether the Plaintiff can terminate the lease contract in the event that at least three medical doctors are not operated in D is directly affected by the prescription number of neighboring hospitals. Therefore, in particular, in the case of a pharmacy located in a commercial building, the hospital is located in the commercial building.

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