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(영문) 인천지방법원 2020.01.14 2018가단263365
임대차보증금
Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 15% per annum from November 30, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On February 8, 2014, the Plaintiff entered into a lease agreement (hereinafter “the first lease agreement”) with the Defendant, the owner of the 6th underground floor (hereinafter “instant building”) located in Michuhol-gu Incheon, and with respect to the entire facilities of the 2nd to the 6th floor hospital and the 6th floor of the said building (hereinafter collectively referred to as “the leased object of this case”), which is the lease deposit amount of KRW 10,000,000, monthly rent of KRW 5,000,000, and the lease term of KRW 36 months from February 28, 2014.

(2) The whole facilities and medical appliances of a hospital (DDR E; hereinafter “DDR”) in a leased building shall be used by the lessee.

‘Special Agreement' contains ‘the special agreement of this case'.

B. On February 20, 2014, the Plaintiff prepared a letter of transfer between the instant union and the instant union to acquire all the facilities, equipment, and operating rights of medical institutions within the leased object.

After concluding the first lease contract, the Plaintiff operated Ewon in the leased object of this case.

C. On July 31, 2015, the Plaintiff entered into a second lease agreement with the Defendant and the instant leased object: (a) KRW 100,000,000; (b) monthly rent of KRW 6,500,000; and (c) the lease agreement changed from August 1, 2015 to July 31, 2018; and (b) paid KRW 100,000,000 to the Defendant under the said agreement.

Article 3 of the second lease contract provides that "the lessee shall not change the purpose or structure of the real estate without the consent of the lessor, transfer the sub-lease right or offer the security, and use it for any purpose other than the purpose of the lease", and Article 5 provides that "the lessee shall restore the above real estate to its original state and return it to the lessor."

"......"

The Defendant may transfer the leased object of this case to the Plaintiff on July 31, 2018, when the term of lease expires on July 25, 2018.

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