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1. The Incheon District Court Branch 2012Gadan42262 decided January 9, 2013 against the Plaintiff of the Defendants.
Reasons
1. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 3, 5, and 1:
On May 1, 2007, the Defendants concluded a lease agreement (hereinafter “instant lease agreement”) with the terms that the Plaintiff and the Plaintiff set forth 50,000,000, and the term of lease as 24 months from June 2, 2007, regarding the D Building No. 101 (hereinafter “instant real property”).
B. The instant lease agreement was implicitly renewed, and around October 2010, the Plaintiff requested the Defendants to pay rent in addition to the lease deposit received as above. The Defendants agreed to pay KRW 150,000 each monthly rent, instead of changing the lease term from June 2, 201 to June 1, 2012, from June 2, 2011 to June 2, 2012.
C. The Defendants were in arrears due to the instant lease agreement, and they requested the Plaintiff to return the lease deposit because they would deliver the instant real estate to the Plaintiff on the grounds of Defendant B’s health, but the Plaintiff did not comply with the request. On December 6, 2012, the Defendants filed a lawsuit against the Plaintiff for the claim for the lease deposit against the Plaintiff under the Incheon District Court’s Vice-Support 2012Gadan42262.
In the foregoing case, the Plaintiff made a decision to recommend reconciliation that “the Plaintiff shall pay to the Defendants the amount of KRW 50,00,000,000 and the amount calculated at a rate of 20% per annum from June 1, 2013 to the date of full payment” (hereinafter “decision to recommend reconciliation of this case”). However, the instant decision to recommend reconciliation was finalized on January 29, 2013 on the grounds that both the Plaintiff and the Defendants did not raise any objection.
E. Meanwhile, the Defendants delivered the instant real estate to the Plaintiff on April 27, 2014, and the Plaintiff is the head of Defendant B and the Defendant on the same day.