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(영문) 의정부지방법원고양지원 2017.06.28 2017가단76315

손해배상

Text

1. The Defendants are either KRW 113,384,601 per annum for each of the Plaintiff and KRW 15% per annum from November 22, 2016 to the date of full payment.

Reasons

1. On December 24, 2010, Gangnam Capital Loan Co., Ltd. (hereinafter “Gangnam Capital”) loaned KRW 150,000,000 per annum to D as a general loan for real estate, at the rate of 23% per annum and on March 24, 2011 due date. The Defendants became joint and several sureties for D.

The Plaintiff purchased, from Defendant B, one-fourth share (hereinafter “the instant subject matter”) out of the 121.05 square meters of 14 square meters of 72.28 square meters of 121.28 square meters of 2nd floor of 121.05 square meters of 125 square meters of 2nd floor of 2nd floor of reinforced concrete structure on each of the above lands (hereinafter “instant housing”), and ④ G road 1,340 square meters of 1,340 square meters, and completed the registration of ownership transfer in the name of the Plaintiff.

Meanwhile, Defendant B provided the Plaintiff with the remainder of KRW 100,000,000, out of the above sales amount claims against the Plaintiff on the subject matter of the instant transaction, as security for the Plaintiff’s above loan claims against D.

Accordingly, Defendant B requested the Plaintiff to pay the remainder of KRW 100,000,000 to the Plaintiff, instead of Defendant B, and the Plaintiff accepted the said request by Defendant B, on December 24, 2010, Defendant B and the Plaintiff provided a written promise to pay KRW 100,000,000, out of the total purchase price of KRW 464,40,000 as to the subject matter of sale and purchase, to the Plaintiff by March 24, 2011 with the consent of Defendant B, and Defendant B delivered it to Gangnam Capital with a written promise to pay the remainder of KRW 10,00,000 to the Plaintiff by March 24, 201.

At the bottom of the above letter of payment assurance, the phrase “the Gangnam Capital Co., Ltd. during the course of return” is written.

The Gangnam-dog Capital, as Seoul Central District Court Decision 201Ga376834, filed a lawsuit against the Plaintiff on the payment of agreed amount pursuant to the above payment undertaking, and the Seoul Central District Court Decision 2012Na43156 decided December 3, 2012, which was the appellate court, concluded the principal adjustment that the Plaintiff shall pay nine million won to the Gangnam Capital.

Grounds for recognition: