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1. The plaintiff
A. The Appointed C Co., Ltd., the Defendant (Appointed Party), and the Appointed Party D are listed in attached Form No. 4.
Reasons
1. Facts of recognition;
A. After the Plaintiff newly constructed each real estate listed in the separate sheet (hereinafter “each of the instant buildings”), the Plaintiff completed the registration of initial ownership in the name of the Plaintiff as to each of the instant buildings on December 29, 2010.
B. On July 2015, the Plaintiff entered into a contract to lease each of the instant buildings (hereinafter “instant lease contract”) with the Appointed C Co., Ltd. (hereinafter “Appointed C”), and on July 29, 2015, the Plaintiff entered into a contract to lease the instant building (hereinafter “instant lease contract”).
1) The author has drawn up and set up its key contents as follows: [Indication of real estate] Jinju-si and 1, 2, 3, and 6 others (special agreement).
1. The balance of KRW 50,000 shall be the deposit rate on July 31, 2015;
2. The remaining 1.1 billion won will be paid up to August 31, 2015.
3. To reverse the undertaking if the undertaking is not fulfilled;
4. From July 31, 2015
8. up to 31.3 billion won compensation for delay shall be 66 million won;
5. The terms and conditions of a contract before July 29, 2015 shall be entirely null and void.
6. The total amount of the contract shall be KRW 1.2 billion; 7. The term of the contract shall be five years, but may be increased and adjusted every two years.
C. On July 29, 2015, the Appointor C failed to perform the terms and conditions of the contract as of July 29, 2015, and the representative director K of the Plaintiff, on August 28, 2015, prepared a performance note (hereinafter “instant performance note”) with the Defendant (hereinafter “Defendant”) who is the actual representative of the Appointor C, as of August 28, 2015:
The letter of performance in accordance with the nonperformance of the Housing Lease Contract.
1. Non-performance on July 31, 2015
2. The balance of August 31, 2015, 11 billion won, which was 66 million won.
3. Re-preparation on September 4, 2015 (sus, October 4, 2015), when performing KRW 300 million (sus, 2015);
4. The contract shall be reversed in the event of non-performance of paragraph 3.
On September 6, 2015, the Defendant drafted a written waiver (hereinafter “instant written waiver”) with the following content to the Plaintiff:
The seat of the waiver note: Jinju-si et al. 1, 2, 3, 6 above.