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(영문) 서울중앙지방법원 2018.07.18 2016가합565285
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 3,273,410,264, and KRW 1,898,168,250, out of the said money.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 9, 2012, the Plaintiff entered into a lease agreement with the Plaintiff and the Defendant (hereinafter “instant building”) and the building under construction on the ground C, D, and E in Nam-gu, Incheon (hereinafter “instant building”).

(2) Of the terms and conditions, a lease contract that leases 15,050 square meters of a lease deposit with KRW 1 billion; KRW 66,579,500 for monthly rent; and KRW 72 months from July 16, 2013 for the term of lease (hereinafter “instant lease contract”).

In order to conclude the lease contract of this case, the main contents of the lease contract of this case are as follows: 1 billion won: 6,579,500 won per month: General management expenses of KRW 66,500 per month: 2,44,80 per month: Lease period of KRW 72 months from the date of lease commencement (a separate indication of Article 3): Medical facilities and neighborhood living facilities: Article 2 (Contract Deposit and Rental Deposit) of the Medical Facilities and neighborhood living facilities (a) ① The plaintiff shall pay the lease deposit to the defendant as follows: 1 billion won total amount of the lease deposit - deposit deposit of KRW 1 billion - deposit of KRW 300 million (the completion of deposit of KRW 20 million in November 201, and deposit of KRW 100 million in October 10, 2012:

- The remainder: 70 million won shall be paid on the date of commencement of the lease separately stipulated in Article 3. (2) If the original or the Defendant fails to pay the rental deposit by the day immediately before the date of commencement of the lease stipulated in the real estate lease agreement, the lease contract may be terminated without any separate notice, and if the contract is terminated due to the Plaintiff’s cause attributable to the Plaintiff, the contract deposit shall be reverted to the Defendant, and the Plaintiff shall not make a claim for the refund of the rental deposit or any civil or criminal objection against it. Article 3 (Commencement of Lease) The original or the Defendant shall indicate and affix a seal on July 16, 2013, the definite date of commencement of the lease after the date of completion of the construction is confirmed. Article 4 (Payment of Monthly Rent and Management Fee, 1. Monthly Rent and Management Fee, and deposit the rent and Management Fee

(2) A lease contract shall commence in the middle of a month.

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