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(영문) 울산지방법원 2014.03.07 2013가단33033
청구이의
Text

1. Based on the Ulsan District Court 201Kahap5987 protocol against the Plaintiff (Counterclaim Defendant) by the Defendant (Counterclaim Defendant).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. On April 11, 201, the Plaintiff entered into a contract with the Defendant to lease the 5th floor of the building in Ulsan-gu B (hereinafter “instant building”) in the amount of KRW 30,000,000, monthly rent of KRW 3300,000, and KRW 200,000, monthly rent of KRW 5th, and KRW 20,200,000. The Plaintiff paid KRW 110,000,00 as the premium (including facility expenses) to C, a lessee of the 4 and the 5th floor of the instant building.

Since then, the Plaintiff paid KRW 60,000,000 to C.

B. On September 8, 2011, the Plaintiff asserted that, while running an entertainment drinking house on the 4 and 5th floor of the instant building, the five floors were illegally remodeled, making it difficult to operate the entertainment drinking house if there is a request from an administrative agency for restoration to the original state, and filed a lawsuit against C, as Ulsan District Court 201Gahap5987, Sept. 8, 201, for the confirmation of the existence of an obligation, etc.

C. On February 13, 2012, the date of mediation, which was opened on February 13, 2012, the Defendant attended as the Intervenor on the said date. On the said date, the conciliation between the Plaintiff, the Defendant, and C (hereinafter “instant conciliation”) was concluded and the said lawsuit was concluded.

1. On May 12, 201, between the Plaintiff and the Defendant, a lease agreement between the Plaintiff and the Defendant on the fourth floor and the fifth floor entertainment tavern part of the instant building is confirmed to be maintained only on the fourth floor as of the date of this conciliation.

2.(a)

The Plaintiff shall pay to the Defendant the amount of KRW 31,90,000 (including additional taxes) in arrears as of the date of this conciliation by March 20, 2012, and if the said amount is not paid by the said date, the Plaintiff shall pay the said amount in addition to the amount calculated at the rate of 20% per annum from March 21, 2012 to the date of full payment.

However, with respect to KRW 20,00,000 among the above money, the defendant shall not make compulsory execution until the deposit is settled upon termination of the lease contract specified in the above paragraph (1).

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