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1. The Plaintiff:
A. Defendant C received KRW 26,260,000 from the Plaintiff and simultaneously entered in the separate sheet.
Reasons
1. Facts of recognition;
A. On March 28, 2013, the Plaintiff acquired the ownership of real estate listed in the [Attachment List (hereinafter “instant building”) and leased deposit of KRW 30,000,000, monthly rent of KRW 1,100,000, and the period of April 20, 2015 to Defendant D.
(hereinafter referred to as "Gu lease agreement"). (b)
Upon the occurrence of a dispute between Defendant D and Defendant D regarding the termination of the former lease agreement, the Plaintiff filed a lawsuit against Defendant D on the claim for the surrender of building name, etc. with Suwon District Court 2014Kadan62189, and on January 20, 2015, the following mediation was established between Defendant D and Defendant D (hereinafter “instant mediation”).
1. By May 9, 2015, Defendant D received KRW 30,000,00 from the Plaintiff and delivered the instant building.
2. By May 9, 2015, the Plaintiff paid KRW 30,000,00 to Defendant D at the same time as the delivery of the instant building from Defendant D by May 9, 2015.
3. Defendant D shall pay 10,000,000 won to the Plaintiff as a substitute payment by May 9, 2015. If Defendant D fails to pay all the above amount by the payment date, the unpaid amount shall be paid by adding an annual damages for delay at the rate of 20% from the day following the payment date to the day of full payment.
4. The Plaintiff and Defendant D shall cooperate to conclude a new lease agreement on the instant building by May 9, 2015, and the new contract shall not exceed KRW 30,000,000 for rental deposit, and KRW 1,100,000 for monthly rent (excluding value-added tax).
5. During the process of concluding the aforementioned new lease agreement, the lessor’s brokerage fee is borne by Defendant D, and the Plaintiff does not participate in the grant of premium between Defendant D and the new lessee.
C. Thereafter, on May 4, 2015, the Plaintiff: (a) between Defendant C and KRW 30,000,000; (b) monthly rent of KRW 1,100,000 (payment by means of transfer to the Plaintiff’s bank E account on May 8, 2015; and (c) the period from May 8, 2015 to May 2016.