(영문) 대구지방법원 2017.08.18 2016가단24656

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(영문) 대구지방법원 2017.08.18 2016가단24656

면책확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant entered into mediation 1) from around 1998 to November 27, 2006, and from November 27, 2006, the Plaintiff leased and operated the Dsports Center on the 6th floor of the Daegu Northern-gu Seoul Building up to November 26, 2006. The Defendant operated the said Sports Center from around 2001 to November 26, 2006. (2) The Plaintiff filed a lawsuit against the Defendant on the name of the building with respect to the said Sports Center. On October 23, 2006, the Daegu District Court 2005da13638 decided that the following contents were the main contents.

1. The Defendant received KRW 17.5 million from the Plaintiff at the same time, and ordered the Plaintiff to order the above sports center building, and delivered all health equipment and fixtures kept in the above building confirmed by the Plaintiff as of October 20, 2006.

2. Where both obligations mentioned in paragraph 1 are fulfilled, the claims for the return of the lease deposit amounting to KRW 10 million under a lease agreement between the Defendant and E (Lessor) shall revert to the Plaintiff.

3. Although the Plaintiff provided performance of the obligation to pay KRW 17.5 million as stated in paragraph (1), if the Defendant did not perform the order of surrender and delivery as stated in paragraph (1), the Defendant shall pay to the Plaintiff the amount at the rate of KRW 1.5 million per annum for KRW 17.5 million per annum from the day following the date of the Plaintiff’s performance to the day of the above order of surrender and delivery.

4. Until the Plaintiff provides the Defendant with payment of the above KRW 17.5 million, the profits and expenses arising from the Decree of the above building shall revert to the Defendant.

B. On November 27, 2006, the Plaintiff and the Defendant drafted a notarial deed with the following content as a notary public No. 2463 (hereinafter “notarial deed of this case”).

Creditors: The plaintiff and joint and several sureties: F debtor make a lump sum payment to the creditor 9.8 million won by December 25, 2006.

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