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1. The defendant's protocol of mediation of the case, such as the return of deposit for lease deposit against the plaintiff by the Incheon District Court 2013Gaso8105.
Reasons
1. Facts of recognition;
A. Before 2013, the Defendant leased the Incheon Gyeyang-gu building C and D (hereinafter “instant housing”) from the Plaintiff.
B. On June 25, 2013, the Defendant filed a lawsuit against the Plaintiff on June 25, 2013 against the Incheon District Court 2013da8105 (the purport of the claim is to “the Plaintiff shall pay to the Defendant 18,00,000 won and 3,000,000 won among them, the amount calculated at the rate of 20% per annum from the day following the delivery date of the copy of the instant complaint to the day of complete payment).
C. In the instant case, conciliation was concluded on November 8, 2013, and the main contents thereof are as follows:
(hereinafter referred to as “instant conciliation protocol”). A. 1. On January 8, 2014, the title containing the above contents is paid to B KRW 16,200,00 (the deposit for lease on a deposit basis: KRW 15,000,000, and the cost of repair: KRW 1,200,000) by January 8, 2014. If A is unable to pay the said money by the due date, the unpaid amount shall be paid by adding the delay damages calculated at the rate of 20% per annum from the day following the due date to the date of full payment.
2.B shall order a house simultaneously with the receipt of the above money from A.
3. Ascertainment that there is no obligation between B and A except as set out above. D.
The Plaintiff failed to pay the above KRW 16,200,000 by January 8, 2014, as stipulated in the instant protocol of mediation, and paid KRW 5,000,000, which is a part of the Defendant, around April 2014, after the date of payment.
E. Meanwhile, pursuant to the instant protocol, the Defendant filed an application for compulsory auction of the instant house with the amount claimed as “1,200,000 won and interest rate of 20% per annum from January 9, 2014 to the date of full payment.” On the other hand, the Defendant rendered a decision to commence compulsory auction on June 23, 2017.
[Ground of recognition] Facts without dispute, significant facts in this court, entry of Gap evidence 1 to 4, purport of whole pleadings
2. The assertion and judgment
A. The proviso of paragraph (1) of the instant protocol concerning the Plaintiff’s assertion is the Defendant.