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1. The defendant shall deliver to the plaintiff "C" located in the real estate stated in the attached Form.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. On February 4, 2014, the Plaintiff acquired “C” located in the attached building (hereinafter “instant health club”) as the Defendant’s proposal, which is a health trader, and completed business registration.
B. On April 2, 2014, the Plaintiff and the Defendant agreed as follows (hereinafter “instant agreement”).
Written References (Mediation Proposal)
1. The defendant is responsible for the operation of the instant health club.
2. The Defendant shall pay to the Plaintiff KRW 20 million up to April 18, 2014, among the KRW 95 million, and shall pay the remainder of KRW 75 million up to KRW 18,000 for the 18-month period up to the end of May 2014 until the end of December 2015, and KRW 4,000 for the 18-month period up to the end of 20 months, and KRW 1.5 million for the two-month period up to the end of December 2015, respectively.
3. The Defendant is responsible for and responsible for all taxes (such as surtax, income tax, health insurance premium, etc.) imposed on the Plaintiff during the operation of the instant health club, and the Plaintiff would not visit the said health club or engage in any involvement in its operation, but if it is against the foregoing paragraph 2, the Plaintiff would waive the right to the remaining balance.
4. However, if the defendant fails to comply with the above paragraph 2 on one occasion, he/she shall waive all rights to the above health club and deliver the above health club to the plaintiff without any condition.
5. The Plaintiff, upon the Defendant’s fulfillment of all of the above Paragraph 2, immediately transfer to the Defendant all of the rights to the above sports club registration and the lease agreement.
C. The Defendant deposited the Plaintiff KRW 20 million on April 18, 2014, KRW 4 million on June 1, 2014, and KRW 304,00 on June 2, 2014, respectively, and did not pay any more money.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5, purport of whole pleadings]
2. Determination
A. The judgment of the defendant on the cause of the claim shall be made only once, with the amount agreed to the plaintiff when concluding the agreement in this case.