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(영문) 대구고등법원 2015.11.17 2014나2359
유체동산인도
Text

1. Of the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that exceeds the amount that orders the payment of the principal lawsuit below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On 201, the Plaintiff, a person engaged in the manufacturing business and sales business of machinery, and leased part of the buildings in Daegu-gu D, Daegu-gu, which are jointly owned by the Defendant and five persons, including C, (hereinafter “instant building”), at around 10 million won, monthly rent of KRW 130,000,000, monthly rent of KRW 1300,000, and on 5th day of each month, the following year:

4.1. The instant building has been handed over and displayed on the machinery, etc. owned by the Plaintiff.

B. However, the Plaintiff did not pay the rent properly, and on February 2008, the Defendant filed a lawsuit against the Plaintiff to terminate the lease contract on the grounds of delay in the Plaintiff’s rent payment and to request the delivery of the instant building (Tgu District Court 2008Da20772).

On August 1, 2008, a decision in lieu of conciliation (hereinafter referred to as "resolution decision of related cases") was made in the litigation procedure, which became final and conclusive on August 21, 2008.

【Contents of Mediation】

1. The plaintiff (the defendant in the case, hereinafter the same shall apply) ordered the defendant (the plaintiff in the case, hereinafter the same shall apply) to order the building of this case until August 15, 2008.

Provided, That the above-mentioned method may be a direct order of the plaintiff to the defendant, and it may be substituted by an instruction to the new lessee of the above building.

2. If the Plaintiff issued an order to the Defendant by August 15, 2008 to a building stipulated in the above Paragraph 1, the Defendant shall pay KRW 2,00,000 to the Plaintiff.

3. If the Plaintiff did not order the Defendant to order the building stipulated in the above Paragraph 1 by August 15, 2008, the Plaintiff shall pay to the Defendant the amount calculated by the ratio of KRW 1,00,000 per month from August 16, 2008 to the completion date of the order for the name of the above building.

4. The defendant waives his remaining claims.

C. On July 20, 2008, between E and E, “the Plaintiff was in custody of the Plaintiff in the instant building” and “the machinery, etc. indicated in [Attachment 1, 2, and 3] of the judgment of the first instance court, which was owned by the Plaintiff to E” (hereinafter “the instant article”).

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