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(영문) 서울동부지방법원 2020.10.28 2020가합102257
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the owner of the 4 and 5th floor of the Seoul Special Metropolitan City, Nowon-gu D Building (hereinafter “instant building”). The Plaintiff, as an oriental medical doctor, operated the hospital in the name of “E convalescent hospital” (hereinafter “the instant hospital”) in the instant building from December 7, 2012 to November 30, 2016. Plaintiff A, the husband of the instant hospital, was working as the head of the office affiliated with the instant hospital and performed the administrative affairs of the instant hospital.

B. On May 3, 2012, F leased the instant building from the Defendant as KRW 110 million, monthly rent of KRW 8,300,000 (i.e., KRW 4,300,000,000) (i., the rent of KRW 4,300,000), and two years and two months (from May 3, 2012 to July 7, 2014) (i.e., the acquisition, etc. of the instant hospital by Plaintiff A). However, F (ii) the instant hospital was established and operated by employing G who is a doctor, and (iii) the instant hospital was to be transferred to Plaintiff A upon the abolition of G.

Plaintiff

A, on December 10, 2012, acquired the instant hospital from F in the amount of KRW 360,000,000,000,000,000 out of the above acquisition amount, and upon converting the said acquisition amount to the loan, A paid the interest of KRW 1.5% per month by the Plaintiff F.

3) In order to change the business registration of the instant hospital to the Plaintiff A’s name, the sub-lease contract for the instant building was required. Accordingly, F and Plaintiff B knew that they would make a sub-lease contract for the instant building by phone call to the Defendant, and F and Plaintiff A concluded a sub-lease contract for the instant building on December 10, 2012 (hereinafter “sub-lease contract”).

(3) The consent of sub-lease in the name of the Defendant on the same day (hereinafter “instant consent”).

4) In order to repay the obligations described in the above paragraph 2 above to F, Plaintiff A paid F the remainder of the instant hospital’s profits with a limit of KRW 10 million under the name of Plaintiff A’s living expenses, and F and its wife, respectively.

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