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(영문) 광주지방법원 2019.06.19 2018가단531712
임대차보증금
Text

1. The Defendants jointly pay to the Plaintiff KRW 150,000,000 and the interest rate thereon from November 30, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 1, 2015, the Plaintiff was planning to transfer the hospital from Defendant B, the president of the Evalescent Hospital located in Naju-si, to the new building located in Naju-si, Inc. (hereinafter “Defendant Company”) located in Naju-si, Inc. (hereinafter “instant building”), and was operating the hospital at the new hospital. On May 10, 2017, the Plaintiff concluded a contract to lease the store located in the hospital in the instant building by setting the deposit amount of KRW 50 million for three years from the commencement date of the business of the new hospital, and paid additional KRW 10 million to Defendant B around that time.

B. Meanwhile, around February 1, 2017, Defendant B concluded a “pre-determined Hospital Lease Contract” with Defendant B to lease all the right to manage a convalescent hospital (including buildings, restaurants, stores) among the instant buildings to Defendant B from January 2018 to December 202, 202, and concluded a re-preparation of the accurate contract at the time of completion of the instant building, which is scheduled for completion of December 2017.

C. However, around July 2018, Defendant B was against the Plaintiff and the Defendant Company.

On August 7, 2018, the Plaintiff and Defendant B entered into a contract with Defendant B to transfer to the Plaintiff the claim for return of KRW 150 million, which was part of the claim for refund of the lease deposit against the Defendant Company, on or around August 23, 2018, and Defendant B notified the Defendant Company of the said transfer on or around August 23, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 through 5.

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