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(영문) 의정부지방법원고양지원 2015.07.01 2014가단40575

청구이의

Text

1. The defendant's decision to recommend reconciliation in the case of the refund of lease deposit against the plaintiff by the Jung-gu District Court 2014Na5990.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff for claiming the return of lease deposit against the Plaintiff at the Goyang District Court 2013da31741, and the lower court of the instant case (the District Court 2014Na5990) rendered a ruling of recommending reconciliation (hereinafter referred to as the “decision of recommending reconciliation of this case”) on October 23, 2014.

1. The defendant (the plaintiff in this case) shall be paid KRW 52,00,000 to the plaintiff (the plaintiff in this case), and it shall be paid KRW 15,00,000,000 until August 21, 2014 in two installments, and KRW 37,00,000 shall each be paid until September 30, 2014. If the defendant delays the payment of the above installment, he shall lose the benefit of the time, and the defendant shall pay the unpaid amount to the plaintiff in whole, and the payment shall be made in addition to the delay damages calculated at the rate of KRW 20% per annum from the day after the date of loss of the benefit of the time to the day of full payment.

2. The Plaintiff immediately withdraws the application for a compulsory auction case of the real estate B with the Suwon District Court, which was paid KRW 15,00,000 for the said one-time installment from the Defendant, and cooperates with the Defendant so that the Defendant can obtain a bank loan on its own as security.

4. Even if the defendant withdraws an application for a compulsory auction case of the real estate BD branch in Suwon District Court pursuant to paragraph (2), he/she shall not dispose of the land for compulsory auction of real estate for the purpose of security under paragraph (2) in addition to the provision of the land for compulsory auction of real estate for the purpose of security under

7. If the plaintiff and the defendant violate the obligation related to the decision of recommending reconciliation in this case, the party who violated that obligation shall pay 50,000,000 won to the other party for penalty.

B. The Plaintiff failed to pay the Defendant the amount of KRW 37 million by September 30, 2014, in two installments under paragraph (1) of the instant decision to recommend reconciliation, and thereafter, on November 14, 2014, with the Defendant as the principal deposit, the sum of the principal and interest of the instant two installments as the sum of the principal and interest of the instant two installments as KRW 3743, the sum of the principal and interest of the Defendant’s district court was KRW 37,913.