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(영문) 청주지방법원 2015.08.12 2014가합3457
공사대금
Text

1. Defendant B’s KRW 208,750,000 as well as 5% per annum from March 24, 2015 to August 12, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On October 12, 2013, Defendant A: (a) leased the remainder remaining after subtracting a restaurant from 201, Cheongju-gu, Cheongdong-gu, Cheongdong-gu, Seoul (hereinafter “instant building”); (b) the lease deposit amount of KRW 30 million; (c) the lease period of KRW 2 million; and (d) the lease period of KRW 2 million from October 12, 2013 to October 13, 2018; and (e) Defendant B agreed to open and operate the hospital in the said building; (c) the lessee paid the lease amount of KRW 7:3 percent from pure profits from the operation of the hospital; (d) the lessor is responsible for the remainder; and (e) the lessee pays the lease deposit after the date of completion of the construction work.

B. On December 11, 2013, the Defendants ordered MM Design Co., Ltd. to contract the construction cost of the interior, interior, and interior interior interior interior interior in the instant building as KRW 380 million.

C. On January 2, 2014, Defendant A entered into a lease agreement with Defendant B, setting the lease deposit of KRW 100,000,000 per month, monthly rent of KRW 100,000,000 from January 12, 2014 to January 1, 2019. The terms of the said lease agreement include the following: “The terms of the said lease agreement shall be at the expense of the lessor, and the remainder of the deposit shall be paid as at the end of the hospital’s interior.”

(hereinafter referred to as "the instant lease agreement" between the Defendants. D.

On March 25, 2014, Defendant B entered into a contract with the Plaintiff on March 25, 2014, setting the construction cost of the instant building as KRW 250 million, and the construction period from March 25, 2014 to April 26, 2014, and hereinafter “instant construction contract”).

The plaintiff started the construction of this case around that time.

E. around October 2014, Defendant B bears the hospital construction cost to Defendant B under the instant lease agreement.

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