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(영문) 대전지방법원천안지원 2017.09.27 2016가단114954
청구이의
Text

1. The name map of the Defendants at Daejeon District Court Branch 2016Gadan1539 (main office) against the Plaintiff.

Reasons

1. Basic facts

A. On October 31, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants on a deposit amount of KRW 50,00,000, and the lease period of KRW 24 months from January 2, 2015 with respect to the fifth floor of the building D (hereinafter “instant real estate”) of the 501st floor of the 5th floor of the building, Nam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City. A dispute arose as to the completion of the construction of the building.

B. The Plaintiff filed a lawsuit against the Defendants on the following grounds: (a) the Plaintiff filed a counterclaim against the Defendants: (b) the payment of rent and future rent and delivery of a building; (c) the Defendants paid KRW 30,000,000 out of the deposit as the court’s 2016da104599; and (d) the construction of the building incurred many damages due to delay; and (c) on October 13, 2016, the following adjustment was established:

Conciliation Provisions

1. At the same time, the Defendants received KRW 25 million from the Plaintiff, and simultaneously ordered the Plaintiff to restore the instant real estate to its original state by November 25, 2016.

2. By November 25, 2016, the Plaintiff shall be ordered to restore the instant real estate from the Defendants to its original state, and at the same time, shall be paid KRW 25 million to the Defendants.

3. The plaintiff's remaining main claim and the defendants' remaining main claim are waived.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

C. On December 9, 2016, according to the instant conciliation protocol, the Defendants received each of the KRW 4,504,510,000, including KRW 3,545,510, from the Korea Post on December 26, 2016 and received each of the KRW 7,545,510 (=4,504,510, KRW 3,000, KRW 3,510,000 from the Eastdong Saemaul Depository on December 16, 2016, with the Republic of Korea’s Republic of Korea and the Eastdong Saemaul Depository as the third obligor under the jurisdiction of the Ministry of Science, ICT and Future Planning) as the third obligor. After that, the court thereafter received the Defendants’ simultaneous performance relationship on January 31, 2017.

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