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(영문) 서울고등법원 2019.08.29 2018나2055303
손해배상(기)
Text

1. Of the judgment of the first instance, the claim for a principal lawsuit filed by adding and expanding the plaintiff (Counterclaim defendant) to the court.

Reasons

1. Basic facts

A. On April 11, 2013, the Plaintiff entered into a lease contract and sub-lease contract (hereinafter “F”) with the F Co., Ltd. (hereinafter “F”).

2) From Geumcheon-gu Seoul Metropolitan Government G Ground H building (hereinafter “instant building”).

B) Of the three floors, the exclusive area of 152.47 square meters in exclusive use is KRW 200,000,000, monthly rent of KRW 4,000,000 (the date the monthly rent begins on September 1, 2013), the term of lease from June 1, 2013 to May 31, 2023, and the purpose of use is determined as dental license (hereinafter “instant lease”).

(2) The part of 152.47 square meters, which is the object of the instant lease agreement, among the part of 152.47 square meters among the subparagraph I of the instant building, as indicated in the separate sheet (hereinafter “instant building”).

(C) On September 25, 2013, the Majority Opinion states that “Jailology” as “Jailology” (hereinafter “Jailology”).

(2) The Defendant was established on August 20, 2013 for the purpose of hospital management consulting, real estate leasing, sub-lease, etc., and leased all the three floors of the instant building from F.

Accordingly, the Plaintiff’s termination of the instant lease agreement with the F’s consent, and the Plaintiff appears to be a clerical error as to April 11, 2013, as stated in the evidence A No. 17, written in the process of preparing a sub-lease agreement, as the date of preparing a lease agreement is not modified by mistake.

From the Defendant, the Defendant paid KRW 200,00,000 for the sublease deposit, monthly sublease fee of KRW 4,00,000 for the sublease period (excluding value-added tax), from December 1, 2013 to May 31, 2023 for the sublease period (excluding value-added tax), and from December 1, 2013 to May 31, 2023, the use was determined by dental license (hereinafter “sublease contract”), and around that time, the Defendant paid KRW 200,000 for the sublease deposit to the Defendant.

Article 5 (Change of Deposit and Monthly Sublease) (1) Monthly Sublease shall be increased by 5% every two years (based on June 1).

However, only if there is a significant change in the economic situation directly affecting the sublease, the "B" (the plaintiff, the same shall apply hereinafter) shall be adjusted in writing 30 days before the base date of the change.

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