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(영문) 서울중앙지방법원 2016.08.25 2015가합553070
보증금청구등의소
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) For KRW 840,521,849 and for KRW 73,886,793 among them, 2015.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On June 27, 2011, the Plaintiff concluded a lease agreement with the Defendants to lease a total of five floors (hereinafter “instant lease agreement”) from the fourth to eight floors above the ground of the Gangnam-gu Seoul Building (hereinafter “instant building”) owned by Defendant B (hereinafter “instant building”) and paid the Defendants deposit amounting to KRW 1,00,000,000.

The main contents of the above lease agreement are as follows:

A: The Defendants, and B: Plaintiff 2 (Subject Matter of Lease) (2) shall use the leased object as the hospital (won) or the office of Eul and other necessary business facilities.

If B intends to change the purpose of use of the leased object, it shall be notified in advance to A and shall obtain consent from A for the change of use.

Article 3 (Term of Lease) (1) The term of lease under this Agreement shall be seven years from July 15, 201 to July 14, 2018.

Article 4 (Lease Deposit) (1) The lease deposit shall be KRW 1,000,000,000, and the lease deposit shall be KRW 55,000,00 (excluding value-added tax) for the lease deposit under this Agreement under Article 5 (Lease and Management Expenses) and the management expenses shall accrue from the commencement date of the lease (excluding value-added tax).

B shall pay the rent by deposit in the following account by the 30th day of each month.

Article 7 (Interest in Arrears) If the payment of all or part of the lease deposit, rent, etc. due under this Agreement is not made by the due date, Eul shall pay the unpaid amount in addition to the interest in arrears at the rate of 20% per annum from the day following the due date to the date of actual payment.

Article 10 (Construction, etc.) (1) B may install facilities necessary for the purpose of use, install interior works, etc. from the time when he/she takes over the object of lease from A at the commencement date of lease to his/her full responsibility and expenses.

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