logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.01.15 2017가단8088
양도,양수 합의 약정금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 94,60,000 as well as the full payment from April 29, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 2015, the Plaintiff entered into a consulting contract between the Plaintiff and the Defendant for the lease of hospital (1) and the Defendant, the Defendant, C Co., Ltd., and the Gangnam-gu Seoul Northern District D (Gu) E Hospital (hereinafter “instant building”).

(B) The Plaintiff agreed to enter into a consulting agreement on the lease of a hospital for lease and to pay 45,000,000 won for consulting and brokerage expenses (hereinafter “instant consulting agreement”).

(2) On October 12, 2015, the Plaintiff concluded a lease agreement on the instant building at KRW 300,000,000, monthly rent of KRW 20,000 with the lessor F as a broker of the Defendant’s side, and entered into a lease agreement on the instant building.

(3) On November 2, 2015, the Plaintiff entered into a contract with the Defendant for interior works by setting the construction cost of KRW 87,00,000,000, and subsequently, entered into the first additional construction contract with the Defendant, setting the construction cost of KRW 4,700,000. (4) In addition to the above construction, the Plaintiff, other than the above construction, contracted the elevator construction, removal construction, etc. to another company, and contracted the second floor additional construction to G.

B. However, the Plaintiff’s breach of the Plaintiff’s lease agreement and the agreement on the transfer and takeover between the original Defendant, etc. However, the lessorF filed a transfer lawsuit against the Plaintiff on March 2, 2016. Accordingly, the Defendant solicited the Plaintiff to recover lease deposit, construction cost, etc. by finding a new lessee. 2) Around June 3, 2016, the Defendant issued a written statement stating that “The instant building is transferred from the Plaintiff to KRW 200,000,000, and the total construction cost is paid by the Defendant to the Plaintiff at KRW 120,50,000,000, and the difference is 80,000,000.”

3. On June 3, 2016, the Defendant entered into a contract for the transfer of hospital for the lease of the instant building, stating that “H succeeds to the instant lease agreement by the Plaintiff, and shall pay the Plaintiff KRW 200,000,000,000, including construction cost, with consulting cost of KRW 46,00,000, to the Defendant, etc.”

arrow