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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff owned the 4th floor building located in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) as an incorporated foundation for reporting, establishing, and operating medical institutions.
B. On September 21, 2015, the Plaintiff entered into a real estate security trust agreement with the new bank regarding the instant building, and the new bank completed the registration of ownership transfer based on the said trust agreement on September 23, 2015.
The Plaintiff was loaned KRW 12.5 billion in total from five banks (hereinafter “the lender of this case”) in accordance with the foregoing trust agreement.
C. The Plaintiff and the Defendant drafted a lease agreement on July 20, 2015, stating that the Plaintiff leased three floors of the instant building to the Defendant as follows:
The remainder of the lease deposit KRW 30,000,000 down payment of KRW 10,000,000 shall be the 20,000,000,000 for the remainder of the lease deposit paid on July 2015 (including the rent of KRW 11,00,000 for the month when the business commences after the completion of the registration of transfer of ownership), and the lease term paid on the last day of each month from July 20, 205 to July 19, 2020 for the management fee of KRW 2,151,160 for the management fee of July 20, 205 to July 19, 202.
D. D, a director and representative of the Plaintiff, concluded an agreement with the Defendant on September 22, 2015, and D, on the second floor of the instant building, to operate a sports center on the third floor of the instant building and distribute profits therefrom.
(hereinafter referred to as "the First East Business Arrangement"). Article 1 (Purpose) E Center (Representative: D; hereinafter referred to as "A") and F (Representative B; hereinafter referred to as "B") clarify roles, rights, responsibilities, distribution, etc. between A and B in operating the G Sports Center within the E Center located in the building of this case, and at the same time, aim is to provide the parties with high-quality services through reasonable management and joint marketing of the G Sports Center and to provide them with high-quality services.
Article 2 (Term of Contract)
1. The term of the contract shall be three years from November 1, 2015 to October 31, 2018, and Party A shall have this effect.