beta
(영문) 부산지방법원 2018.08.29 2017가합2505

약정금

Text

1. The Defendant’s KRW 600,000,000 as well as the Plaintiff’s annual interest from October 22, 2017 to November 20, 2017.

Reasons

1. Basic facts

A. On October 14, 2016, the Plaintiff and the Defendant drafted an investment agreement (hereinafter “instant investment agreement”) with the content that the Plaintiff invested in the Busandong-gu Cdong-gu and Ddong apartment execution project (hereinafter “instant project”).

B. The main contents of the instant investment agreement are as follows.

Article 1 (Investment in Funds) The Plaintiff shall invest KRW 500 million to the Defendant under the terms of this Agreement.

Article 2 (Payment of Proceeds from Investment) The Defendant shall pay KRW 1 billion, which is an amount of KRW 500 million invested by the Plaintiff, within one year from the date of investment, to October 2017.

Article 3 (Creation of Collateral Security) The following shall be established as a measure to preserve claims against the investment amount:

1) The Busan Jin-gu E, F, G 190.87, H ownership, third priority order, maximum debt amount of 1.1 billion won, 75.6, 1.1 billion won, maximum debt amount of 1.1 billion won, 1.1 billion won, 1.1 billion won, 1.1 billion won, 1.1 billion won, and 3) joint collateral ownership of KK, L Co., Ltd., Busan-gu, 227 square meters, 1.1 billion won, and 2 billion won, after the loan of financial institutions.

C. On October 14, 2016, with respect to the land, F land, and building, and the land, G (Article 3(1) of the Investment Agreement) of the Busan-gu Busan-gu, Busan-do, the Plaintiff created a right to collateral security with respect to KRW 1.1 billion with respect to the maximum debt amount on the ground of the contract on October 14, 2016. On October 18, 2016, the Plaintiff created a right to collateral security with respect to the land, Gangnam-gu Seoul-gu I (Article 3(2) of the Investment Agreement) (the real property of Article 3(2) of the Investment Agreement), the maximum debt amount of which is KRW 1.1 billion with respect to the debtor, the defendant, and the J-mortgage, and the Plaintiff as the Plaintiff on the ground of the contract on October 14, 2016.

(hereinafter referred to as the above Busan Jin-gu Cdong land, buildings, and the Gangnam-gu Seoul Metropolitan Government I land are referred to as the "each real estate of this case".

On October 21, 2016, the Plaintiff remitted KRW 300 million to the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and Eul