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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) and the appointed party B, respectively, KRW 4,273,972 and the said amount on July 31, 2013.
Reasons
We also examine the principal claim and the counterclaim claim.
1. Facts of recognition;
A. On January 28, 2013, the Plaintiffs agreed to lend KRW 350 million to Nonparty C and the Defendant, and concluded an agreement with the Defendant on January 28, 2013 (hereinafter “instant agreement”).
- The Plaintiffs set up a right to lease on a deposit basis at KRW 50 million on the Seoul Special Metropolitan City, Nowon-gu D 6 through 9 (hereinafter “instant real property”). - On May 30, 2013, the Plaintiffs implement procedures for the registration of cancellation of the said right to lease on a deposit basis, and at the same time, the Defendant pays KRW 370 million to the Plaintiffs (hereinafter “instant contract amount”). - If the Plaintiffs followed the procedure for cancellation of the registration of the right to lease on a deposit basis on May 30, 2013, but the Defendant delayed the payment of the instant contract amount, the Defendant shall pay KRW 10 million per month.
B. On the contrary, on May 30, 2013, the Defendant paid the instant agreed amount to the Plaintiffs, but in the event that the Plaintiffs delay the implementation of the registration procedure for cancellation of the said right to lease on a deposit basis, the Plaintiffs would pay 10 million won per month for damages (hereinafter “presumed damages clause”).
On January 29, 2013, the Plaintiffs paid KRW 300 million to the Defendant, and KRW 50 million to Nonparty C, respectively, and on the same day, set up chonsegwon deposit KRW 500 million with respect to the instant real estate.
C. On April 29, 2013, the Plaintiffs kept documents necessary for the procedure for registering the cancellation of the registration of the right to lease on a deposit basis with E judicial scrivener who represented for the registration of the right to lease on a deposit basis. By May 30, 2013, the Plaintiffs sent to the Defendant a written notification demanding the payment of the instant agreed amount by content-certified mail. On May 31, 2013, the Plaintiffs sent a written peremptory notice with the same content as the second written peremptory notice by content-certified mail.
On June 26, 2013, the Defendant paid the instant contract amount to the Plaintiffs, and the said right to collateral security was cancelled on June 27, 2013.
[Ground of recognition] A.