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(영문) 의정부지방법원 2017.11.02 2016가단24772
구상금
Text

1. As to KRW 84,183,832 against the Defendant (Counterclaim Plaintiff) and its amount of KRW 69,08,792, the Plaintiff (Counterclaim Defendant) shall be paid to the Defendant (Counterclaim Plaintiff).

Reasons

Basic Facts

The defendant clan purchased from C on May 27, 2008 the D 1,373 square meters and the five-story accommodation facilities on its ground (hereinafter referred to as the "the youth of this case") for KRW 2.2 billion and completed the registration of ownership transfer in its name on July 22, 2008.

On October 30, 2008, the defendant clan decided to obtain a loan of KRW 700 million from the Hancheon Agricultural Cooperative (hereinafter referred to as the "Ycheon Agricultural Cooperative"), and on November 21, 2008, the defendant clan completed the registration of establishment of a collateral for the youth of this case with the maximum debt amount of KRW 910 million with respect to the youth of this case, and the registration of establishment of a collateral for the plaintiff to the plaintiff (hereinafter referred to as the "registration of establishment of a collateral for the youth of this case"), and at the time, the plaintiff, the representative of the defendant clan, as the debtor, was loaned KRW 700 million from the Hancheon Agricultural Cooperative on December 5, 2008.

On July 1, 2010, the Defendant clan concluded a lease agreement between the Plaintiff and the Plaintiff, setting up a lease deposit of KRW 200 million, the lease term from July 1, 2010 to July 1, 2012, and the monthly rent of KRW 8 million (hereinafter “instant lease agreement”), and delivered the instant franchise to the Plaintiff on the same day.

Defendant clan received a favorable judgment from the above court on July 19, 2013 that “the Plaintiff shall deliver the instant franchise to the Defendant clan, and pay the amount calculated by the rate of eight million won per month from April 1, 2013 to the completion date of delivery of the instant franchise” on the grounds that the instant lease contract was terminated on the grounds that the instant lease contract was terminated by around 2012. The Seoul High Court, which was the appellate court, filed a compulsory conciliation decision (hereinafter “instant decision”) as follows on January 9, 2014, which became final and conclusive around that time.

St. St. L. L.S.

1. The Plaintiff shall pay KRW 52 million to the Defendant clan by March 14, 2014, and if he/she does so, he/she shall pay the unpaid money and its interest from the day following the above payment date to the day of full payment.

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