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(영문) 서울남부지방법원 2017.08.18 2015가합107251
손해배상(기)
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1. The Defendant (Counterclaim Plaintiff) paid KRW 159,415,200 to the Plaintiff (Counterclaim Defendant) and its related amount from August 26, 2015 to August 18, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 14, 2012, the Plaintiff engaged in real estate leasing and selling business, etc. leased the building attached thereto (hereinafter “instant building”) to the Defendant. The Defendant operated the hospital in the instant building, and the main contents of the relevant lease agreement are as follows.

(2) Article 1 (Purpose and Object of the instant lease agreement) of the Act stipulates that the Plaintiff shall lease and use the following buildings owned by it to the Defendant for five years from the date of the conclusion of the instant lease agreement, and the Defendant shall rent and use them, and pay the rent to the Plaintiff in return.

(Indication of Building)

1. Location: Gangseo-gu Seoul Metropolitan Government C;

2. Structure: Iron concrete;

3. Area: Article 2 (Security Deposit and Rent) of flat Water, including ground parking lots and machinery rooms for underground parking lots excluded from approximately 682 square meters from the 103th ground-based 103rd ground-based 682 above ground-based 103 square meters.

1. For deposit, 300,000 won;

2. The rent shall be 36,500,000 won for three years from July 30, 2012 after the conclusion of a contract.

3. The rent shall be increased by 4,00,000 won for the remaining 24 months after the end of the foregoing paragraph and the total rent shall be adjusted to 40,50,000 won.

4.V.A.T. of the rent shall be separate.

Article 3 (Term and Terms of Lease)

1. Term of lease: From July 30, 2012 to July 29, 2017;

3. When the lease term expires, the defendant does not claim against the plaintiff the premium, necessary expenses, beneficial expenses, etc.

4. The Plaintiff orders the Defendant to provide the said leased object by July 29, 2017.

Article 6 (Cancellation of Contracts)

1. If the defendant fails to pay the rent for not less than three months, the plaintiff may terminate this contract without any peremptory notice to the defendant.

Article 7 (Prohibition of Change of Use)

1. The plaintiff shall not use this building for any purpose other than hospital (medical facility).

2. The current status of (building management ledger) as of June 14, 2012.

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