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1. The plaintiff's claim is dismissed.
2. On January 22, 2016, this Court shall apply to cases where compulsory execution is requested to be suspended by this Court.
Reasons
Basic Facts
A. A. On January 2010, the Plaintiff continued to operate a singing room in a ship (i) part 198 square meters (hereinafter “instant store”) connected each point of the attached Table 2 drawings Nos. 1-6 and 1, among the underground rooms of the building indicated in the attached Table 1 list 599.86 square meters from the Defendant, and continued to operate a singing room at that place. On the ground of 2014, the Plaintiff did not pay rent and management expenses to the Defendant.
B. The Defendant filed a lawsuit against the Plaintiff seeking the delivery of the instant store, while the lease contract was terminated on the grounds of more than two rent-free vehicles.
On January 12, 2015, the conciliation was concluded as follows in the Daejeon District Court Decision 2014Da3576.
(B) On January 1, 2015, the Defendant (referring to the Plaintiff; hereinafter the same shall apply) shall pay the Plaintiff (referring to the Defendant; hereinafter the same shall apply) a total of KRW 4,320,00 (no dispute between the parties as to the rent and management fee for the period until February 9, 2015) in arrears by January 10, 2015. If the payment of the above amount is delayed, damages for delay calculated at the rate of 20% per annum from the following day to the date of full payment shall be paid.
2. There is no dispute between the parties as to the fact that the Defendant was a clerical error in the Plaintiff’s statement on January 10, 2015, which was in writing on February 10, 2015.
From October 10, 2018 to October 10, 2018, 480,000 won shall be paid on the 12th day of each month as the monthly rent and management expenses for the store in this case. If the defendant delays the payment of the above rent, etc. on at least two occasions, the lease contract on the store in this case between the plaintiff and the defendant does not require any particular notice or peremptory notice, and as a matter of course, the defendant delivers the store in this case to the plaintiff immediately.
3. The defendant does not consent to the plaintiff of this case.