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(영문) 수원지방법원 2016.12.06 2015나38924
임대료 등
Text

1. The defendant (Counterclaim plaintiff)'s counterclaim filed in the appeal and the trial of the court are dismissed, respectively.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. On May 9, 2006, the Plaintiff entered into a lease agreement with the Defendant on the condition that the Defendant and the E 4th floor in Suwon-si, Suwon-si, the area of 1,058 square meters (hereinafter “the part of the instant second floor hospital”) and the part of 2 of the first floor (hereinafter “the part of the instant first floor pharmacy”), which are located in Suwon-si, Suwon-si, and Dong-si (hereinafter “the instant building”). On July 3, 2006, the Plaintiff, together with the part of the instant second floor hospital, agreed to lease KRW 50 million for the lease deposit, KRW 50 million for the rent, KRW 5 million for each month (payment on April), and the lease period from July 4, 2006 to 5 (60 months) years for the lease deposit (hereinafter “the instant lease agreement”). After receiving KRW 500 million from the Defendant, the Plaintiff transferred the instant building to the Defendant on July 3, 2006.

B. The Defendant operated the hospital with the trade name “F Council member” in the part of the instant second-class hospital. The part of the instant first-class pharmacy was sub-leased to Nonparty G and the said G operated the pharmacy with the trade name “H Council member”.

C. While the instant lease agreement was explicitly renewed after the expiration of the period as of July 3, 2011, the Plaintiff and the Defendant terminated the instant lease agreement as of September 3, 2014.

Since the end of August 2014, the Defendant discontinued the hospital business in the instant building.

E. The Plaintiff returned the full amount of KRW 500 million to the Defendant on September 12, 2014, KRW 180 million on September 19, 2014, KRW 100 million on September 25, 2014, KRW 100 million on September 25, 2014, KRW 50 million on September 29, 2014, KRW 120 million on September 30, 2014, and KRW 120 million on September 30, 2014.

F. On September 30, 2014, the Defendant revoked the registration of establishment of chonsegwon in the name of the Defendant, which was established on the instant building on September 30, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2 (if there is an additional number, including a branch number; hereinafter the same shall apply), Eul's evidence No. 10, the purport of the whole pleadings

2. Determination on the principal lawsuit and the counterclaim claim

A. From September 4, 2014 to September 30, 2014

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