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(영문) 수원지방법원여주지원 2016.06.29 2015가단11658
청구이의
Text

1. Compulsory execution under the conciliation protocol (No. 6109) against the Defendant’s Plaintiff is 7,325.

Reasons

1. Basic facts

A. On January 30, 2012, the Plaintiff entered into a contract with the Defendant for the lease of KRW 40 million with the multi-household C Multi-household 204 (hereinafter “instant building”) during the lease period from February 6, 2012 to February 5, 2014, and received KRW 40 million from the Defendant around that time.

B. On February 4, 2014, which was around the expiration date of the above lease term, the Defendant filed a lawsuit against the Plaintiff seeking a refund of the lease deposit against the Plaintiff, as the Plaintiff was removed from the instant building on February 4, 2014, but did not refund the lease deposit from the Plaintiff.

C. On August 29, 2014, the following mediation was established between the Plaintiff and the Defendant at the above court (hereinafter “instant mediation”).

1. By September 12, 2014, the Defendant, among the ruling on provisional seizure against immovables 2014Kadan223, filed an application for withdrawal of provisional seizure and revocation of execution with respect to Nos. C 104 and 204 in Echeon-si, the provisional seizure shall be revoked.

2. The Plaintiff shall pay 40 million won to the Defendant by December 31, 2014. If the Plaintiff does not fully pay the said money by the payment deadline, the Plaintiff shall pay the unpaid amount plus an annual interest rate of 20% from May 1, 2014 to the date of full payment.

Provided, That if the defendant fails to fulfill the obligations specified in paragraph 1, no damages for delay shall be incurred.

On September 12, 2014, the Defendant filed an application for withdrawal and cancellation of execution of the above provisional seizure pursuant to the instant conciliation clause(1).

E. On January 8, 2015, the Plaintiff paid KRW 35 million to the Defendant respectively, and KRW 3 million on February 12, 2015.

Meanwhile, upon the Defendant’s commencement of compulsory execution on the Plaintiff’s corporeal movables, the Plaintiff filed an application for a stay of compulsory execution under the Female Support 2015 Chicago51, and on December 16, 2015, deposited KRW 2 million with the said court No. 1397 on December 16, 2015 as security for the suspension of compulsory execution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, as a whole, and all pleadings.

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