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(영문) 창원지방법원 2012.09.13 2011가합6540
손해배상(기)
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 696,00,000 and Defendant A and E with respect thereto from August 11, 2011, Defendant B, and C.

Reasons

1. Basic facts

A. Defendant E, a doctor at around October 2009, agreed to establish a hospital by leasing the real estate of Nos. 601, No. 801, and No. 901 of the 6th floor of the F Building 6th, No. 801, and No. 901 of the 9th floor (hereinafter “each of the instant real estate”). Based on this, Defendant E agreed to obtain loans from the Plaintiff Union. Defendant E for administrative affairs, such as the preparation for opening of hospital business, and Defendant A entered into a partnership agreement with each of the instant parties.

B. Defendant A entered into a real estate lease agreement with Defendant C on October 19, 2009 with respect to each real estate set forth in subparagraphs 601 and 901 of this case, including KRW 100,000,000, monthly rent of KRW 3800,000 (per 19th day of each month: Provided, That for a year, KRW 2,50,000 per month) and the period from October 19, 2009 to October 18, 2012. Defendant C entered into a real estate lease agreement with each of the above real estate lease agreements with Defendant C on the real estate set forth in Articles 801 and 100,00,000, monthly rent of KRW 4,400,000, and period of October 19, 209 to October 18, 2012, respectively.

Defendant A, Defendant B, and C entered into each of the instant real estate lease agreements, and they entered into a special agreement with the following terms:

-Special contract terms and conditions (as a whole, entry into 6,8,9 stories) - This contract, as a lease contract executed by a lessor and a lessee, is prepared for a separate lease contract of KRW 600,000,000,450,000,000 in addition to this contract for a lessee's bank loan.

A separate lease contract shall not be used for any purpose other than the bank's loan for the hospital facilities of a lessee, and a lease deposit of KRW 600,000,000, KRW 450,000, KRW 550,000, and KRW 550,000, which is entered in a separate lease contract, shall not be claimed from the lessor or the owner of the building in any case.

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