Text
1. A dividend table prepared by the same court on February 11, 2016 concerning the case of application for a voluntary auction of real estate C by the Incheon District Court.
Reasons
1. Basic facts
A. On January 24, 2006, the Plaintiff leased Yeonsu-gu Incheon E 110 Dong 1902 (hereinafter “instant real estate”) KRW 250 million as the lease deposit, from March 23, 2006 to March 23, 2008, the lease deposit amount was paid KRW 250 million around that time.
B. On March 24, 2008, the Plaintiff changed the lease agreement with D to increase the lease deposit to KRW 300 million, and decided to extend the lease term from March 24, 2008 to March 23, 2010.
Accordingly, on April 25, 2008, the Plaintiff paid deposit of KRW 50 million to D additionally.
C. On December 201, the Plaintiff notified D of the termination of the said lease agreement, and delivered the instant real estate to D on February 7, 2012.
On June 19, 2012, the Plaintiff completed the lease registration with the lease deposit of KRW 300 million on the instant real estate.
E. The Plaintiff filed a lawsuit against D with the Incheon District Court 2012Gahap13992, claiming for the payment of KRW 300 million of the lease deposit and the delay damages therefor. On September 10, 2012, the Plaintiff received KRW 50 million out of the deposit from D on September 10, 2012 while the lawsuit was pending.
Accordingly, the Plaintiff reduced the claim by “Defendant (D)’s amount of KRW 250 million and its amount of KRW 20 million from September 11, 2012 to the date of full payment, 5% per annum from February 8, 2012 to July 26, 2012, and 20% per annum from the next day to September 10, 2012.”
F. In the above lawsuit, conciliation was concluded on October 16, 2012 between the Plaintiff and D, and the content of the conciliation clause is as follows.
1. The Defendant shall pay KRW 280 million to the Plaintiff; among them, KRW 30 million shall be paid up to November 30, 2012, and the remainder KRW 250 million shall be paid up to April 30, 2013. If the Defendant delays the payment of the above amount on one occasion, it shall be paid up to April 30, 2013. If the Defendant delays the payment of the above amount, the benefit of time shall be lost immediately, and the amount payable shall be 20% per annum from the date of delay to the date of full payment.