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(영문) 서울중앙지방법원 2015.08.28 2013가합57981
손해배상(기)
Text

1. The Defendant’s KRW 17,296,872 as well as the Plaintiff’s annual rate of 5% from October 11, 2013 to August 28, 2015.

Reasons

1. Basic facts

A. On April 17, 2007, the Plaintiff: (a) purchased the lease deposit amount of KRW 150,000,000 from April 17, 2007 to April 17, 2012; (b) the lease contract amount of KRW 8,00,00 per average management fee (excluding value-added tax and electricity charges, gas charges, and water supply and sewerage charges); (c) B established the lease contract amount of KRW 7 and 8 from the above 7 and 8 floors to the “D convalescent hospital” (hereinafter referred to as “D”) with the lease contract amount of KRW 150,00,00,00 from the above 130,000 to the above 130,000,000,000 won (hereinafter referred to as “the lease contract amount”); and (b) on November 30, 2007, the Plaintiff jointly established and operated the lease contract amount of KRW 30,135,000,000.1.

C. Around December 2011, the Plaintiff agreed to extend the term of lease of 7 and 8-story rental agreements between B and B by November 30, 2012, which is the same as the expiry date of the 4-story rental agreement.

D. On June 28, 2012, B notified the Plaintiff on July 31, 2012 that “D” and “E” would be discontinued, and the Defendant and B returned the keys of the 4,7, and8th class to the manager of C on August 28, 2012, and delivered each leased object.

[Ground of recognition] Facts without dispute, Gap 2, 10, 25, 81, 140 evidence, Eul 2, and the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff’s assertion is based on the following: (a) KRW 497,105,347 in relation to each of the instant lease agreements (i.e., KRW 211,365,00 in KRW 214,708,214 in KRW 129,720,00 in KRW 58,212,012 in KRW 61,230,121 in KRW 61,870,00 in KRW 1,870 in total).

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