(영문) 서울중앙지방법원 2015.10.27 2015가단5127332

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(영문) 서울중앙지방법원 2015.10.27 2015가단5127332

기타(금전)

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the lawfulness of the instant lawsuit

A. With respect to the instant lawsuit for which the Defendant’s defense prior to the merits was sought to pay the remainder of the sale price and late payment fees pursuant to the contract for the sale of commercial buildings (hereinafter “instant contract for the sale of commercial buildings”) concluded with the Defendant on April 2008 with respect to the 6th 59 of Seoul Jung-gu, Seoul, the Defendant asserted that the instant lawsuit is unlawful by a lawsuit against the Plaintiff and the Defendant, which violated the partial lawsuit agreement in lieu of the conciliation as finalized in the instant case No. 2013Gahap83843, which was concluded between the Plaintiff and the Defendant.

B. In full view of the purport of the entire pleadings in the statement No. 1-1 of the judgment, the Defendant, on November 18, 2013, filed a lawsuit claiming damages against the Plaintiff, stating that the Plaintiff would make a false advertisement in the process of concluding the instant shopping district lease agreement, and pay for the amount of KRW 50,677,50 as well as the delay damages incurred therefrom, on November 18, 2013.

1. When a decision in lieu of the instant conciliation becomes final and conclusive, the Plaintiff (the Defendant) and the Defendant (the Plaintiff) withdraw all civil and criminal lawsuits filed between themselves, and do not bring about any dispute, such as mutual additional lawsuits, compulsory execution, criminal complaints, etc. relating to the instant commercial building lease contract, and comply with the following in good faith:

2. From the date the decision in lieu of this conciliation becomes final and conclusive to the end of the lease sale contract, the lessor and the Plaintiff shall distribute the commercial revenue at the rate of 52:48 and shall cooperate to the maximum extent possible for the future development of commercial buildings

(hereinafter referred to as "priority")

7. The plaintiff waives the remainder of the claim. According to the above facts of recognition, the plaintiff and the defendant already paid the commercial revenue on the premise that the landlord and the lessee distribute the commercial revenue at the rate of 52:48.

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