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(영문) 부산지방법원 2017.02.15 2016가합44007
임대차보증금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are medical doctors operating the hospital (hereinafter “instant hospital”) under the trade name of “E hospital,” and the Defendant is a person who engages in real estate leasing business under the trade name of “F.”

The lease area in a building listed in the attached table of Article 2 of the Lease Agreement (Lease Object): 901 square meters: The lease contract period of Article 4 of the 2, 3rd floor shall be from March 28, 2012 to March 27, 2017.

Provided, That the term of the contract shall be extended for one year, and the terms and conditions of the contract shall be adjusted pursuant to Article 7(5), unless one of the parties notifies the termination of the contract in writing two months before the expiration of the contract.

Article 5 (Rental Deposit) (1) The Plaintiffs shall deposit the following rental deposit with the Defendant at no interest during the contract period:

Provided, That the full amount of deposit shall be paid in full by the commencement and the date of occupancy.

(2) Where the Plaintiffs fail to pay the rent, management expenses, and all other expenses to be paid under this Agreement to the Defendant within the payment deadline, on March 28, 2012 and April 27, 2012, the Defendant may arbitrarily deduct them from the rental deposit, and appropriate them for the recovery of rights.

③ The Plaintiffs are fully ordered to withdraw their own property and property from the standpoint that the term of this lease expires or that the contract shall be terminated in accordance with each paragraph of this Agreement.

Article 6 (Rents) (1) The defendant shall make a claim against the plaintiffs by no later than the 25th day of the month.

The plaintiffs shall deposit the monthly rent of KRW 28.8 million with the defendant by the 30th of each month the monthly rent of KRW 45 million and the monthly rent of KRW 3,880,000,000,000 for KRW 60% of the monthly rent of KRW 45,000 and the monthly rent of KRW 3,000,000 for KRW 3,000.

Article 7 (Management Expenses) (1) The Plaintiffs shall pay to the Defendant the management expenses of the building for each month.

(2) In cases of a fixed system, management expenses of KRW 19.2 million shall be paid monthly at the management and maintenance expenses of the building.

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