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(영문) 부산지방법원 2017.08.08 2015가단53977
청구이의
Text

1. The Defendant’s protocol for the mediation of August 28, 2012, Busan District Court 2012Da34548, the store name map case against the Plaintiff.

Reasons

1. Basic facts

A. On March 30, 2009, the Plaintiff leased from the Defendant a deposit amount of KRW 5,00,000, monthly rent of KRW 450,000, monthly rent of KRW 450,000, and the lease period of KRW 30,010, the said lease contract was renewed thereafter.

B. Around April 23, 2012, the Defendant filed a extradition suit against the Plaintiff on the instant store (Seoul District Court 2012Da34548), and the following conciliation was concluded on August 28, 2012:

(hereinafter “instant protocol of mediation”). 1. The Plaintiff received KRW 3,800,000 from the Defendant and simultaneously deliver the instant store to the Defendant by February 28, 2013.

2. The Defendant shall pay KRW 3,800,000 to the Plaintiff simultaneously with the delivery of the instant store from the Plaintiff to February 28, 2013.

3. The Plaintiff shall pay 2,00,000 won in arrears to the Defendant until August 31, 2012 by September 10, 2012. If the Plaintiff fails to pay even a part of the said money by the payment date, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from September 11, 2012 to the date of full payment.

4. The Plaintiff shall pay the rent of KRW 600,00 on the last day of each month from September 1, 2012 to the delivery of the instant store. If the Plaintiff does not pay the monthly rent at one time or even a part of the said money, the said store shall be immediately handed over.

C. After the expiration of lease stipulated in the instant protocol, the Plaintiff continued to use the instant store, but around November 30, 2015, delivered the instant store to the Defendant.

On the other hand, the defendant, on February 16, 2015, made a decision on provisional seizure of real estate owned by the plaintiff as the claim claim amounting to five million won including the lease deposit against the plaintiff, and the defendant deposited five million won as the plaintiff's deposit.

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