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(영문) 수원지방법원여주지원 2015.07.16 2014가단11804

약속어음금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 600,611,154 and KRW 300,000,000 among them.

Reasons

1. Basic facts

A. On June 18, 2007, the Plaintiff loaned KRW 500 million (hereinafter “instant loan”) to Defendant C with the maturity date on June 18, 2008; the interest rate on June 18, 2008 as KRW 2.5% per month; Defendant B guaranteed Defendant C’s debt to the Plaintiff on the same day.

B. (1) Defendant B completed the registration of ownership transfer on June 8, 201, and Defendant C completed the registration of ownership transfer on the real estate listed in [Attachment List No. 1], and on December 28, 2006 on the real estate listed in [Attachment List No. 2].

The Plaintiff completed the registration of the establishment of a neighboring mortgage on June 19, 2007, based on the contract to establish a contract on June 18, 2007 with respect to the real property, etc. listed in the separate sheet Nos. 1 and 2, in order to secure the instant loan claim, the maximum debt amount is KRW 75 million, and the debtor completed the registration of the establishment of a neighboring mortgage as the Defendants

C. On June 10, 2008, Defendant C repaid KRW 200 million out of the instant loans to the Plaintiff.

The Defendants agreed between the Plaintiff and the Plaintiff on December 201, 201 to pay the interest or delay damages until May 31, 201 with the amount of KRW 23 million (i.e., the interest or delay damages on the instant loan, but until May 31, 2012, to pay KRW 53 million (i.e., the interest on the instant loan amount of KRW 30 million (i., the principal amount of KRW 30 million) (hereinafter “instant settlement agreement”).

E. After that, on May 14, 2014, the Plaintiff received dividends of KRW 102,388,846 in order to repay the principal and interest of the instant loan in the case of auction of real estate D's real estate rental.

F. (1) Meanwhile, Defendant C completed the registration of ownership transfer on January 13, 2005 due to the partition of co-owned property on January 11, 2005, as to the real estate listed in [Attachment List Nos. 3 and 5], and as to the real estate listed in [Attachment List Nos. 4 and 6].

The Plaintiff on October 11, 2010, with respect to the real estate listed in the separate sheet 3 through 6, 2010 on October 4, 2010, on which the purchase and sale reservation was made, the Plaintiff filed a provisional registration of the right to claim ownership transfer registration, and on the real estate listed in the separate sheet 3, 4, and 6, on July 25, 2012. < Amended by Presidential Decree No. 23988, Jul. 27, 2012>