청구이의
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 22, 2006, the Defendant entered into a contract with the Plaintiff on the lease deposit amounting to KRW 20,000,000, monthly rent of KRW 700,000 (payment on April 5), and the lease period from April 22, 2006 to November 5, 2006 (hereinafter “instant lease contract”).
B. On March 15, 2007, with the Plaintiff’s consent, the Defendant entered into an agreement with Nonparty D to transfer the right of lease to Nonparty D on the instant store, and to pay the remainder after deducting the rent from KRW 20,000,000 in the instant lease deposit to the Defendant where D remains unpaid.
C. On November 21, 2007, the Defendant filed a lawsuit against the Plaintiff for the return of the lease deposit of this case with the Chungcheong District Court 2007 Ghana1903. On March 19, 2008, the conciliation among the original Defendant was concluded as follows (hereinafter “instant conciliation”).
(1) The plaintiff (the defendant in the lawsuit claiming the above lease deposit; hereinafter the same shall apply) shall pay the defendant (the plaintiff in the lawsuit claiming the above lease deposit; hereinafter the same shall apply) a total of KRW 17,00,000 and KRW 10,000,000 up to April 15, 2008, and KRW 7,000,000 up to August 31, 2008 in two installments, and if he delays the performance, he shall pay the unpaid amount by adding the delay damages calculated at the rate of 20% per annum from the due date to the date of full payment.
(2) The Defendant received KRW 10,000,000 out of the above money from the Plaintiff, and simultaneously deliver the instant store to the Plaintiff.
On March 20, 2009, the Plaintiff leased the instant store to F without a deposit, by setting the monthly rent of KRW 700,000 per month, and three months during the lease period, and F purchased the Defendant’s house fry, etc. in the instant store at KRW 3 million on March 30, 2009.
E. The defendant, on April 21, 2009, set the conciliation protocol of this case as executive title.