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(영문) 부산지방법원 동부지원 2018.09.06 2018가합101269

약정금

Text

1. The Plaintiff:

A. From September 9, 2017, the Defendant Cocon Assets Trust amounting to KRW 1,125,00,000 and its amount.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B’s joint business agreement and additional arrangement 1) Busan Shipping Daegu C (hereinafter “instant real estate”).

(1) The Plaintiff, the owner of which and D adjacent thereto (hereinafter referred to as “instant D”).

Defendant B, the owner of the instant project, is the “Maritime Transport Unit Etel business” on October 14, 2011 (hereinafter “instant business”).

(A) Upon entering into a joint project contract with respect to each of the above lands, officetels and neighborhood living facilities (hereinafter referred to as “instant building”) are jointly invested by the joint investment of each of the above lands.

From April 16, 2013, the instant project is to be solely managed by Defendant B. The Defendant B guarantees that the instant project is KRW 6.7 billion. The details of the guarantee of KRW 6.7 billion against the Plaintiff are KRW 4.1 billion in secured loans to Busan Bank, KRW 300 million in provisional attachment, and KRW 500 million in the Defendant B of the NonS Savings Bank’s name. The Plaintiff’s loan of KRW 4.1 billion in secured loans to the Busan Bank, KRW 3.5 billion in business expenses of KRW 50 million in the remainder of KRW 50 million in business expenses of KRW 5.5 billion in Busan Bank, and KRW 200 million in the Defendant’s name to the Busan Bank, and KRW 1.65 billion in business expenses of KRW 1.5 billion in the remainder of KRW 1.5 billion in cash shall be paid within the period of completion of the instant project.

Paragraph 6 of Paragraph 6 of the Additional Convention on April 4, 2012 against the Busan bank of this case is the obligation to pay the amount of KRW 4.1 billion out of the loans of KRW 7.7 billion against the right to collateral security established in this case C as the project in this case. Although only the interest of KRW 4.1 billion is due to the sole management of Defendant B, the interest of the loan that is paid by an individual in lieu of the loan until the time of the loan of the project in this case shall be treated as the business expenses in this case.