손해배상(기)
1. The defendant-Counterclaim plaintiff's claim that is changed in exchange at the trial is dismissed.
2. The total cost of the lawsuit.
(a) agree on real estate and official real estate as follows:
C. Foods
1. By February 25, 2014, if the Defendant renounces all rights to C’s real estate and real estate owned by the Defendant, and orders the real estate owned by the Defendant, the Plaintiff shall pay KRW 50 million to the Defendant.
2. However, from among the costs of KRW 50 million that the Plaintiff shall pay to the Defendant, the Defendant shall pay the amount after deducting the following costs in arrears from the costs of the Defendant’s official real estate:
Interest on public real estate loans of 9,341,450 won (4,670,725 won) for February 1,200
(b) Electricity rates of 5,316,830 won from November 2013 to February 2014 (50km: 1,912,190 won: 3,404,640 won)
(c) Loaned KRW 3,000,000;
D. In settling accounts as of February 25, 2014, the Plaintiff shall pay the amount after deducting an additional amount of public charges, if any.
3. By February 28, 2014, the Defendant closes his/her business registration of the instant Schlage, and immediately transfers his/her business registration of a restaurant in his/her business in his/her public real estate.
* A special contract: 15 million won shall be deposited into the Defendant account on February 19, 2014.
If the down payment is not deposited, this agreement shall be null and void.
2) The Plaintiff remitted the Defendant’s account KRW 15 million on February 19, 2014, and KRW 10 million on February 25, 2014, respectively, to the Defendant’s account. [Grounds for recognition] The Plaintiff did not dispute, each of the entries in Gap’s evidence Nos. 1 through 15 (including the number number number), including the witness M’s testimony in the first instance trial, part of the witness E in the first instance trial, and the purport of the entire pleadings.
2. Judgment on the defendant's counterclaim
A. The Plaintiff revoked the instant exchange contract by delivering a copy of the instant complaint, and sought delivery of the real estate owned by the owner.
As to this, the defendant is seeking implementation of the provisional registration in the name of the plaintiff and the cancellation registration procedure of ownership transfer registration, which was completed in relation to C real estate due to the effect of cancellation claimed by the plaintiff.
Thus, the exchange contract of this case was terminated by agreement between the plaintiff and the defendant.