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(영문) 대전지방법원 2015.12.23 2015가합1981
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the attached real estate indicated in the attached Form, each point is indicated in the attached Form 1, (1), (2), (3), (4), and (1);

Reasons

. The foregoing content is well-known, sense of liability for the performance contract, recognition of liability for the waiver of the business, agreement on termination of the contract and waiver of the business without raising any objection, and if it is difficult to pay at least 30 million won of the rental deposit and unpaid rents and management fees at least 10 million won of the rental deposit, efforts for normalization may be carried out for a limited period of time while maintaining business.

Until now, while trying to normalize the mutual normalization through consultation with the past so far, you mutually recognize the fact that it is impossible to achieve the purpose of the contract any longer due to the defendant's fault, not only the default of obligations, but also the fraudulent act, and sign a voluntary agreement without any falsity or coercive situation.

In other words, it is confirmed that there is no objection to the content of the above letter and that it is signed after sufficient discussion.

It shall be responsible for all subsequent measures.

*The conditions of the proviso: If it is impossible to pay in full the deposit and management expenses by August 31, it shall be deposited in a step by step to the maximum extent possible, but may be reconvened at least KRW 100 million upon payment.

On August 31, 2015, the Defendant paid KRW 100,000 to the Plaintiff.

The gist of the written waiver of the instant case is that, in the event that the Defendant does not fully pay the Plaintiff the unpaid rent and management expenses until August 31, 2015, the Defendant waives the Plaintiff’s right to operate, etc. based on the lease agreement, on the premise that the instant lease agreement is terminated: Provided, That where the Defendant pays at least KRW 100 million to the Plaintiff by August 31, 2015, he/she may re-examine the Defendant’s business normalization.”

In other words, it is difficult to view that the Plaintiff withdrawn the intention of termination of the instant lease contract only by the fact that the instant written waiver was prepared and the Plaintiff received KRW 100 million from the Defendant.

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