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(영문) 수원지방법원 성남지원 2018.05.15 2017가합407585
청구이의
Text

1. On November 30, 2016, Suwon District Court Branch 2016Gadan200735 case against the Defendant’s Plaintiff, the name map of the building was dated 30,016.

Reasons

1. Basic facts

A. On February 8, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease the E-building No. 302 (hereinafter “instant building”) that is an apartment-type factory in the military city C and D (hereinafter “instant building”) with a deposit of KRW 10 million, monthly rent of KRW 1.4 million, and thereafter, the Plaintiff was in arrears and the Defendant demanded the increase of deposit amount.

B. Accordingly, the Defendant filed a lawsuit against the Plaintiff seeking the delivery of the instant building and the payment of overdue rent, etc., as the Suwon District Court Branch Branch 2016Kadan207355.

On November 30, 2016, the decision of recommending reconciliation was rendered on the foregoing case, and both parties did not raise any objection and became final and conclusive as they were.

(hereinafter referred to as the “Recommendation for Settlement of this case”. Among the following decisions, the indication of the original Defendant refers to the original Defendant in this case:

1. The plaintiff delivers the building of this case to the defendant.

2. The Plaintiff shall pay to the Defendant the amount calculated by the ratio of KRW 2320,00 and KRW 1,540,000 per month from November 1, 2016 to the delivery date of the instant building.

3. The defendant shall waive the remaining claims.

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

C. Meanwhile, the Defendant, based on the decision of recommending reconciliation in the instant case, proceeded with a compulsory execution against the Plaintiff’s corporeal movables. Accordingly, the Plaintiff filed an application for a stay of compulsory execution with the court 2017Kadan50083, and received a decision to suspend compulsory execution on October 10, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, substantial facts to this court, the purport of the whole pleadings

2. Summary of the parties' arguments

A. On December 31, 2016, the Plaintiff asserted that the key was left from the instant building to the guard room while leaving the said building, and that was e-mailed by the Defendant’s representative.

In addition, on January 3, 2017, the Plaintiff paid the Defendant a total of KRW 2.32 million and KRW 5.4 million from November 1, 2016 to December 31, 2016 (i.e., KRW 1.540,000 x 2 months).

In the end, it is eventually.

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