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(영문) 인천지방법원 2018.04.18 2016가단238761
손해배상(기)
Text

1. Defendant (Counterclaim Plaintiff) and Plaintiff (Counterclaim Defendant) A are KRW 4,200,000, and Plaintiff (Counterclaim Defendant) B are KRW 3,000,000, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiffs and party-sharing Construction Industry Co., Ltd. (hereinafter “Seww Construction Industry”) are co-owners of each of the three floors of the 301 to 309 of the 3rd floor of the YY-gu Incheon Metropolitan City I building (hereinafter “each of the buildings of this case”).

[Plaintiff A, Plaintiff B 301, Plaintiff C302, Plaintiff C304, Plaintiff D305 and 306, Plaintiff E307, Plaintiff F308, and Plaintiff G309] leased each of the instant buildings at the same time and operated the hospital for at least ten years.

B. On March 21, 2016, J concluded a provisional contract to lease all of the instant building to the Defendant, indicating that it is an agent for each of the instant buildings (hereinafter “instant primary contract”), and the key contents are as follows.

Lease deposit: 250,000,000 won (a contract deposit of KRW 5,00,000 shall be paid for the remainder of KRW 245,00,000 until March 31, 2016): monthly lease period of KRW 24,00,000: Special contract for the lease to be entered into between March 31, 2016 and March 30, 2026 - Special contract for the lease to be entered into with a sale stand for business promotion, and the management expenses shall be separate from the monthly rent. The monthly rent shall accrue from November 30, 2016.

- The duration of the contract shall be 10 years, and the monthly rent shall be adjusted through consultation within the Commercial Building Lease Protection Act from the second anniversary of the date of the contract.

- Other matters not specified shall be governed by the Commercial Building Lease Protection Act and the real estate practice.

C. On April 15, 2016, the Plaintiffs and the fixed-term construction industry entered into nine provisional contracts with the Defendant to lease each of the instant buildings by setting the lease deposit and the rent for each of the instant units (hereinafter “instant secondary provisional contracts”) based on the instant first provisional contracts, and the main contents thereof are as follows.

Lease Deposit (a contract deposit shall be paid for the remainder on April 22, 2016) 301: 42,000,000 won (a contract deposit shall be KRW 4,200,000,000, the balance of KRW 37,800,000): 30,000 (a contract deposit shall be KRW 3,000,000, the balance of KRW 27,000,000): 303: 35,000.

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