약정금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 30 million and the amount of KRW 5% per annum from October 1, 2014 to October 14, 2014.
1. The facts following the facts of recognition do not conflict between the parties, or may be acknowledged by adding the whole purport of the pleadings to the entries in Gap evidence Nos. 1, 2, and 3-1 and 2.
On November 12, 2013, the Plaintiff entered into a mortgage agreement with the maximum debt amount of KRW 360 million with respect to a building of 868 square meters and 2nd floor thereof (hereinafter “instant real estate”) in Yong-Gun, Jeonnam-gun, Jeonnam-gun, Inc., and completed the registration of creation of a neighboring mortgage on the same day.
(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). (b)
On June 30, 2014, Defendant B and C had the Plaintiff cancelled the registration of the establishment of the instant neighboring mortgage, the Plaintiff would complete the registration of ownership transfer in the future of Defendant B, and offer that the Plaintiff will pay KRW 300 million to the secured debt of the instant right after completing the registration of the establishment of the establishment of the first neighboring mortgage in the future of the financial institution.
On June 30, 2014, the Plaintiff accepted Defendant B and C’s proposal and prepared a certificate of termination that the contract to establish a right to collateral security regarding the instant real estate is terminated to Defendant B and C.
C. Meanwhile, around that time, the Plaintiff and the Defendants signed the cash custody certificate (A1) and the agreement (A2). Defendant C signed the cash custody certificate of KRW 300 million with the custodian, and Defendant D signed it as the observer.
In addition, Defendant D affixed a seal on the written agreement stating that Defendant B and C’s agent “the amount of credit is the responsibility for repayment of D recovery.”
E. As to the instant real estate on July 3, 2014, the registration of cancellation of the registration of the establishment of a nearby the instant real estate was completed on the ground of “sale on July 2, 2014,” and “the termination on June 30, 2014,” and on August 12, 2014, the registration of establishment of a neighboring real estate with Gwangju Agricultural Cooperative as a collateral holder, Defendant B’s obligor, and maximum debt amount of KRW 720 million was completed.
2. Claim against Defendant B and C