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(영문) 광주고등법원 2019.08.23 2018나25211

약정금

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1. Of the judgment of the court of first instance, the primary claim extended in the part of the trial against the principal claim and the ancillary claim added thereto.

Reasons

1. On August 14, 2015, the amount of basic fact Nos. 200,000,000 on September 2, 2015, 2015, 300,000 on September 2, 2015, 300,000 on October 31, 3015, 15, 150,000,000,000 on December 31, 2015, the first instance judgment on January 14, 2016 was written as of January 14, 2015. However, according to the evidence No. 1, it appears to be a clerical error.

350,00,000 6 February 12, 2016, 10,500,000 7. 239,500,000 on March 9, 2016; 8, 250,000 on March 29, 2016; 250,000,000 on May 25, 2016; 10,000 on June 27, 2016; 250,000 on September 27, 2016; 11, 200,000,000 on September 20, 2016; 120,000,000 on the aggregate of 120,000,000,000 on November 4, 2016;

A. The Defendant newly built D’s primary apartment (hereinafter “instant primary apartment”) on the ground of Sejong-si land (hereinafter “instant land”). With respect to the construction of the instant primary apartment from August 2015 to November 2016, the Plaintiff transferred to the Defendant a total of KRW 2.82 billion (hereinafter “instant amount”) as indicated in the following table as to the construction of the instant primary apartment from August 2015 to November 2016, and received a certificate of borrowing from the Defendant.

- The execution note of this case -

1. The Plaintiff and the Defendant are KRW 3.82 billion as of January 2, 2017, and the instant performance note of the first apartment building E, F, G, and H are indicated as H. However, according to each of the statements in subparagraphs 4 and 5 of the evidence No. 4-5, the establishment of provisional registration for the Plaintiff appears to be K rather than the above shopping mall No. h.

Under the condition that I is secured, a pre-sale registration has been made.

2. The Defendant: (1) paid to the Plaintiff the amount of KRW 2 billion by obtaining a loan by creating a collateral security in the Eastern E, F, G, and I; (2) KRW 500 million by obtaining a loan by creating the collateral security in accordance with the loan conditions of the said J Union; and (3) KRW 320 million by making a repayment on February 28 of the same year; and (4) making a registration of creation of the collateral security with the maximum debt amount of KRW 400 million in the Eastern apartment L, M, and N, subject to the said security.

(4) The KRW 1 billion is to be repaid to three households of apartment buildings with the construction of apartment units on the O, P, and Q ground in Yeongdeungpo-si, and the method of repayment is within three days including a holiday after completion of the construction.