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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 Defendant brought an action against the Plaintiff seeking the return of the lease deposit of KRW 30 million with the Suwon District Court Ansan Branch 2012Ga12717, and the appellate procedure of the instant case was pending as Suwon District Court 2013Na10601, August 22, 2013 between the Plaintiff and the Defendant, which read that “the Plaintiff shall pay the Defendant KRW 15 million up to September 30, 2013, and if the Plaintiff fails to pay the said amount by the due date, the Plaintiff shall pay the Defendant the amount of KRW 15 million up to September 30, 2013.” (hereinafter “instant conciliation”).
B. According to the instant protocol, the Defendant filed an application for compulsory auction of real estate shares owned by the Plaintiff among the land size of 530.3 square meters in Mapopopo-si, Mapo-si, Mapopo-si, and the decision to commence compulsory auction of real estate was made on October 21, 2013 as Suwon District Court Ansan Branch D. On August 5, 2015, the said court drafted a distribution schedule with the content that distributes KRW 20,539,726 to the Defendant on the date of distribution of the said auction (hereinafter “instant distribution schedule”).
C. The Plaintiff appeared on the aforementioned date of distribution and stated an objection against KRW 5,539,726, which is equivalent to delay damages of KRW 20,539,726 of the amount of distribution to the Defendant of the instant distribution schedule, and filed a lawsuit of demurrer against the instant claim on August 12, 2015, which is within seven days thereafter.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 2 and 3, the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is that the Plaintiff’s obligation to return the lease deposit according to the instant conciliation protocol ought to be limited to KRW 15 million, which is the remainder after deducting the Defendant’s existing arrears. Therefore, compulsory execution based on the said conciliation protocol should not be allowed only to the portion exceeding KRW 15 million.
3. Under the instant protocol, 20% per annum from October 1, 2013 to the date of full payment for the Defendant’s KRW 15 million and its related thereto.