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(영문) 서울중앙지방법원 2017.07.11 2016가합518142
보증금반환
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) simultaneously with the delivery of buildings listed in the attached Table 1 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 21, 2015, the Plaintiff entered into a lease agreement with the Defendant, who was the owner of the building listed in attached Table 5, to lease the part of the building listed in attached Table 1 (hereinafter referred to as “instant building”) out of the said building, as the lease term from July 1, 2015 to June 30, 2018, the lease deposit of KRW 350,000,000, and the rent of KRW 11,756,000 (excluding value-added tax), and the common management expenses of KRW 8,24,000 (excluding value-added tax).

(hereinafter “instant lease agreement”). B.

After paying the lease deposit of KRW 350,00,000 to the Defendant, the Plaintiff received the instant building from the Defendant on June 1, 2015 and operates the healthcare center under the trade name “C” up to now.

The lease period: The lease deposit from July 1, 2015 to June 30, 2018: 350,000,000 won monthly rent (excluding value-added tax): 11,756,000 won, which shall be increased by applying the rate of increase of 3% after 12 months after the contract 11,756,000, and the common management expenses (excluding value-added tax): Article 3 (Issuance of Rental Deposit and Guarantee Insurance Policy) applying the rate of increase of 3% at the beginning of each year after 12 months after the contract 8,24,000 won: (4) Where the defendant requests the plaintiff to lease on a deposit basis at the same time as the deposit is paid in full, the defendant shall set the right to lease on a deposit basis.

⑤ The Plaintiff is entitled to receive advance use and membership fees through the sale of annual vouchers and rights equivalent thereto, and the Plaintiff’s failure to pay the Plaintiff may cause loss to the Defendant due to the Plaintiff’s failure to pay the Plaintiff. As such, the Plaintiff is required to purchase a guarantee insurance policy with at least KRW 1 billion when recruiting its members, and submit the securities to the Defendant.

Article 5 (Monthly Rent) (1) The monthly rent under this Agreement shall be applied from July 1, 2015.

Article 7 (Management Expenses and Facility Fees) (1) Direct management expenses (such as electricity, gas, water supply and sewerage, mutual assistance, telephone fees, exchange fees, and all kinds of public charges, etc.) shall be the plaintiff.

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