beta
(영문) 수원지방법원여주지원 2019.10.23 2019가합158

약정금

Text

1. Defendant B’s interest rate of KRW 751,041,094 and KRW 300,000,000 among the Plaintiff shall be from August 4, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On March 23, 2009, the Plaintiff loaned KRW 300 million to Defendant B as interest rate of KRW 300 million.

B. On March 8, 2010, Defendant C (B) drafted a mortgage agreement with the following purport that the establishment of a mortgage shall be completed with respect to the Seongbuk-gu Seoul Special Metropolitan City D forest No. 2010 square meters owned by Defendant C (Defendant C) with the maximum debt amount of KRW 520 million, the debtor, Defendant C and the Plaintiff as the Plaintiff of the mortgage (hereinafter “instant mortgage agreement”).

A) The mortgagee who has established the right to collateral security: (a) the mortgagee who has established the right to collateral security: (b) the Plaintiff’s obligor: the maximum debt amount: KRW 520,000,000 as follows. The mortgagee of the right to collateral security under Article 1: (c) the obligor, within the scope of the said amount, shall establish a right to collateral security at the order of priority on all the obligations, including a loan certificate, a letter of payment, and a certificate, signed and sealed by the obligor as the guarantor of the sole or several obligors who will bear, or will bear, the costs arising from commercial transactions against the obligee; and (d) all the obligations and obligations arising from the bills or checks taken over as a guarantee for issuance and endorsement, and all the obligations arising from commercial transactions, at the end of the secured co-owners. Article 3, the obligor shall immediately delay the obligor’s duty to collateral security; or (e) pay the full amount of the obligations immediately after the lapse of the time limit when the obligor was declared bankrupt of the seizure auction. The obligor shall also be liable to pay the Plaintiff the amount of real property indicated 1.

C. Criminal punishment against Defendant B 1.