1. The Defendant’s case against the Plaintiff for the deposit for the lease on the deposit basis of the Seogu District Court Decision 2010 Ghana81924 against the Plaintiff.

Basic Facts

On June 7, 2003, the Plaintiff entered into a lease contract with the Defendant for the first floor No. 101 of the Daegu-gu Building C (hereinafter “instant housing”) owned by the Plaintiff, setting the lease deposit amount of KRW 25 million from June 8, 2003 to June 7, 2005. On June 8, 2003, the Defendant transferred the instant housing and filed a move-in report with the Defendant.

On June 8, 2003, with respect to the above lease agreement, the Plaintiff drafted a letter stating that “I will pay the above lease deposit amount to the Defendant only smoothly by the expiration date of the contract period (from June 8, 003 to June 8, 05), and if I inflict losses on the lessee (B) of 101 during the lease period for any other reason, I will pledge that I will accept all civil and criminal matters.” (hereinafter “each letter of this case”), and D as her husband at the time of the Plaintiff’s joint and several liability.

The plaintiff sold the instant house to E on June 20, 2003, and completed the registration of ownership transfer on July 16, 2003.

On October 15, 2004, at the request of the Bank of Korea, Inc., the mortgagee of the instant housing, the auction procedure was initiated with F. F. The Defendant received dividends of KRW 14 million out of the above lease deposit at the above auction procedure, and delivered the instant housing to the purchaser around July 6, 2005.

On December 17, 2010, the Defendant filed a lawsuit against the Plaintiff seeking payment of the remainder of lease deposit except for the above dividend amount, and the above court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) on December 31, 2010 that the Plaintiff would pay KRW 11 million to the Defendant, and the said decision was served on the Plaintiff on January 13, 201, and became final and conclusive on January 28, 2011 due to the Plaintiff’s no objection.

On February 9, 2015, the Defendant rendered the instant performance recommendation decision by the Plaintiff.