beta
(영문) 서울중앙지방법원 2018.04.12 2014가합584787

약정금

Text

1. The Defendants jointly share KRW 355,000,000 to the Plaintiff and Defendant C Co., Ltd. with respect thereto from November 30, 2014.

Reasons

Basic Facts

Upon entering into a contract, E Co., Ltd. (hereinafter “E”) (hereinafter “E”), on March 16, 201, lent KRW 10.6 billion to F Co., Ltd. (hereinafter “F”), KRW 11.7 billion to G Co., Ltd. (hereinafter “G”) on June 17, 2011, respectively, and acquired the status of the first beneficiary and the first beneficiary status as to the unsold 24 households in lots in the first trust register of Suwon District Court No. 7468 of May 27, 2008 or May 29, 2008 with respect to the unsold 13.78 billion won in trust register and 32.6 billion won in trust register of the same registry as of May 27, 2008, respectively.

(B) On April 16, 2013, the Plaintiff entered into a consulting agreement with Defendant C with regard to the purchase of the claim for the preferential right of benefit of this case (hereinafter “instant claim for the preferential right of benefit of this case”). The Plaintiff (from B to March 14, 2016) entered into a mutual agreement with the Plaintiff on April 16, 2013 with regard to the purchase of the claim for the preferential right of benefit of this case.

(hereinafter “First Contract”). The purpose of this contract is to provide the Plaintiff with regard to the purchase of the first priority interest loan claim on the real estate of this case promoted by Defendant C as of the date the contract is concluded.

The debtor and truster of the real estate in this case as well as the debtor and truster of the real estate in this case: The beneficiary of the first priority interest loan and the trustee of the first priority beneficiary: In the case of the business related to the purchase of the loans on the first priority interest trust under Article 2 of J (Scope of Consultation and Consultation): when the contract is entered into: KRW 70 million: KRW 20 million: KRW 100 million: KRW 70 million from the contract date: KRW 70% from the contract date: KRW 30% from the contract date: KRW 6 (30% from the total amount (including contract amount) and KRW 30%: Defendant C has priority in trust from the beneficiary of the first priority trust.