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(영문) 인천지방법원부천지원 2015.12.10 2014가단52751
약정금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 25,000,000 and KRW 20,000 to Plaintiff-Counterclaim Defendant B, respectively.

Reasons

1. Basic facts

A. On February 23, 201, Plaintiff A agreed to lease a lease deposit of KRW 50,00,200, monthly rent of KRW 2,500,000 (excluding value-added tax), and from March 10, 2011 to March 9, 2013, Plaintiff A agreed to lease a commercial building of KRW 202,203 (hereinafter “commercial building of KRW 202,203”) from among the two commercial buildings of KRW 7,00,00, KRW 500, monthly rent of KRW 2,500 (excluding value-added tax), and from March 10, 201 to March 13, 201. Plaintiff B agreed to lease a lease deposit of KRW 40,00,000, KRW 10,000, KRW 10,010, KRW 2010, KRW 10,201,010 (hereinafter “business building of KRW 206”).

(hereinafter referred to as the above subparagraph (a) and each of the instant lease agreements, in total, shall be referred to as "each of the instant lease agreements."

On January 29, 2014, the defendant completed the registration of ownership transfer with respect to each of the above commercial buildings.

On March 31, 2014, the Defendant filed a lawsuit against the Plaintiffs to seek the delivery of each of the above commercial buildings as the court No. 2014Gahap2425.

E. On October 20, 2014, Plaintiff A drafted a written confirmation between the Defendant and the Defendant as follows:

Plaintiff

A confirms that the Defendant would pay 50,000,000 won to the Plaintiff on the condition that the Defendant would give up the judgment of the lawsuit, set up the commercial buildings 202, 203, and set up a contract without any interest in the building and take a criminal complaint (Fraud) against the situation in which the Plaintiff received deposit and monthly rent.

Special Agreement Matters: In the event that the above conditions are not fulfilled and the accusation of D is withdrawn in the middle of the criminal charge, the plaintiff A shall assume all civil and criminal responsibilities.

F. On the same day, Plaintiff B prepared a written confirmation of the following contents (hereinafter “instant confirmation”) between the Defendant and the Defendant on the same day:

Plaintiff

B The name of the defendant has waived the trial, and the commercial buildings of 204 to 206 have interests in the building.

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