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1. The Defendant’s protocol of settlement against the Plaintiff was based on the Suwon District Court Decision 2012No. 23.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant concluded a sub-lease contract with respect to the size of 1664 square meters among the 1,664 square meters among the 1,664 square meters of the 3rd-gu Seoul Metropolitan Government ground factory buildings owned by the Defendant, which entered into a lease contract with Nonparty B (hereinafter “sub-lease contract in this case”). The Plaintiff and the Defendant concluded a sub-lease contract with the effect that the 50 million won is the tea (excluding value-added tax), and the sub-lease period is from November 1, 2011 to October 31, 2012.
B. On May 21, 2012 between the Defendant and the lessee, including the Plaintiff, the Suwon District Court 2012No. 2012.23 (hereinafter “instant protocol of protocol”). The key contents are that “the Plaintiff shall pay to the Defendant the user fee of the automobile maintenance workplace of KRW 4,50,000 per month (excluding value-added tax) and the user fee of the automobile maintenance workplace of KRW 4,50,000 per month between the Defendant and the Plaintiff on October 31, 2012, which was stipulated in the real estate lease contract between the Defendant and the Plaintiff, shall be at the expiration of the sublease period, and the sub-lease contract of the real estate shall be terminated without the peremptory notice at the expiration of the period.
C. Since July 11, 2013, B filed a lawsuit against Suwon District Court 2013Kahap14982 against the lessee, including the Defendant and the Plaintiff. The Plaintiff was subject to a ruling of recommending a compromise made on April 29, 2014 by the said court, but the Defendant was sentenced to the said ruling of recommending a compromise on July 10, 2014. The said court determined that the lease agreement between B and the Defendant was terminated on August 5, 2013.
As above, while the plaintiff did not pay a total of KRW 1,485,00,00 for the rent of May 5, 6, and July 2013 while filing a lawsuit for claiming the name of building B, the defendant sent the notice to the plaintiff that the sub-lease contract of this case will be terminated.
E. In addition, on July 17, 2013, the Defendant calculated by deducting the unpaid monthly rent of KRW 50 million from deposit to name limit from deposit, electricity charges, water charges, garbage collection charges, specific waste collection charges, etc. from the Plaintiff on July 17, 2013.