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(영문) 서울북부지방법원 2020.01.16 2018가합20693
손해배상(기)
Text

1. The defendant's KRW 24,529,450, respectively, and 5% per annum from March 27, 2018 to January 16, 2020, respectively, to the plaintiffs.

Reasons

1. Basic facts

A. On May 21, 2015, the Plaintiffs are those who operated a long-term care facility under the trade name of E-Medical Care Center (hereinafter “Plaintiffs”) at the building Seoul D Ground (hereinafter “instant building”).

The defendant is a herb doctor who operated a oriental medical hospital under the trade name of G oriental medical hospital (hereinafter referred to as "Defendant oriental medical hospital") from Gangdong-gu Seoul Metropolitan Government.

B. (1) The Defendant concluded a lease contract, etc.) on a leased building of the instant building and the instant building to operate a oriental medical hospital by transferring the basic facilities of the Plaintiffs’ medical care center and the existing patients as they are. On August 10, 2017, the lease contract was concluded between the Plaintiffs and the instant building with the term of lease KRW 300 million, monthly rent KRW 40 million, and the term of lease from November 30, 2017 to November 29, 2018 (hereinafter “instant lease contract”).

2. The purpose of use of a medical facility is the owner of the building, and the lessee is to cooperate in the documents necessary for authorization and permission (the lessor).

3) In the event that a lessee does not obtain permission, etc. at the time of change of the purpose of use or authorization or permission, this contract is null and void and no compensation is made for damages. 7. The lessee is the lessee, and the approval for use of elevators and approval for use of mechanical parking lots is the lessor. On October 10, the rent for the first one month of the lease contract is provided to the lessee free of charge by the lessor, and the lessor provides the lessor with an emergency generating machine. Of the special terms of the first lease contract, the part related to the instant case is as follows. 2) On the same day, the Defendant paid each of the Plaintiffs KRW 15 million (total 30 million) as the down payment.

3) On October 23, 2017, the Plaintiffs obtained permission to change the purpose of the instant building into a facility for the elderly and children (medical facilities, warehouse facilities, and detached houses). Meanwhile, the Plaintiffs on November 14, 2017.

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