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(영문) 부산지방법원동부지원 2017.10.25 2017가단379
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 31, 2012, the Defendant filed a lawsuit against the Plaintiff on the grounds of fraud as Busan District Court Branch Branch Branch of Busan District Court Decision 2012 Ghana1241. On October 31, 2012, the conciliation between the Plaintiff and the Defendant was established as follows (hereinafter “instant conciliation”).

(hereinafter referred to as “instant claim for adjustment” among the matters to be adjusted under the following:

1. The Plaintiff shall pay KRW 3,00,000 to the Defendant, which shall be divided and paid KRW 500,000 as of the end of each month from December 31, 2012 to May 31, 2013. If the Defendant delays the payment once in installments, he/she shall lose the benefit of time, and shall pay damages for delay calculated at the rate of 20% per annum from the day following the date of delay to the date of full payment.

2. The plaintiff waives the remaining claims.

3. The costs of lawsuit and the costs of mediation shall be borne by each person;

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. On March 27, 2014, the Defendant entered into a sub-lease contract with the Plaintiff for the rent of KRW 300,000 for monthly rent of KRW 300,000,00, which is a part of the fourth floor among the buildings located in the Dong-gu, Busan (hereinafter “instant fourth floor 3”) from the Plaintiff on March 27, 2014. However, the Defendant did not entirely pay the Plaintiff the rent for 28 months, and the Defendant entered into a joint and several guarantee contract with the Plaintiff on the rent of KRW 19.83,00 for the Plaintiff’s claim against the Defendant for overdue rent of KRW 9,40,00 (total sum of KRW 9,40,000 for the instant fourth floor 3 rent of KRW 8,40,00 for the instant case and KRW 16,000 for the instant case’s 20,000 for the instant damages claim against the Defendant.

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