임대료 등
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim filed by this court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. From 2000, the Plaintiff and the Defendant concluded a lease contract for the lease of part of the building C located in Jeju City (hereinafter “instant building”) to the Defendant, and then renewed the said contract.
B. On May 15, 2015, the Plaintiff filed a lawsuit against the Defendant seeking delivery of the instant building and unpaid rent due to the termination of the said lease agreement. On June 9, 2015, the following adjustment was established:
(hereinafter referred to as “instant conciliation”). 1. The Defendant shall deliver the instant building to the Plaintiff by September 14, 2015 and pay KRW 4,250,000 to the Plaintiff.
2. If the Defendant did not perform the duty to deliver the said building by September 14, 2015, the Defendant waives all the ownership of the said building, does not raise any objection against the Plaintiff’s disposal, and pays all the expenses incurred in the disposition of the said house to the Plaintiff.
3. If the Defendant fails to pay the above KRW 4.25 million by September 14, 2015, 2015, the Defendant shall pay 20% interest per annum from the day following the date of payment to the date of full payment.
C. The Plaintiff and the Defendant’s additional agreement 1) On September 17, 2015, the Defendant drafted to the Plaintiff a letter of commitment with the following content (hereinafter “instant agreement”).
(2) The Defendant, according to the instant conciliation, has determined the instant building as a non-working interval; however, due to the circumstances, paid an additional amount of KRW 9 million to the Plaintiff by December 30, 2015, and agreed with the Plaintiff as a non-working interval. In the event that the instant building fails to comply with the agreement, he/she would not raise an objection to the instant conciliation agreement (the payment of total costs for compulsory removal and removal, waiver of all ownership at the house, and damages for delay of 20% per annum) pursuant to the instant conciliation agreement.
In addition, from October 2, 2015, the building is back.