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(영문) 서울남부지방법원 2017.04.13 2016가단236708

약정금

Text

1. The defendant shall pay to the plaintiff KRW 150 million.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Determination on the plaintiff's claim

A. The following facts may be acknowledged, either in dispute between the parties or in accordance with Gap evidence 1-1, 2 (No. 1-1 of the evidence A is the same as the evidence No. 5), and 2 of the evidence No. 1-1 of the parties, by integrating the whole purport of the pleadings:

(1) On September 16, 201, the Plaintiff agreed with the Defendant and C (hereinafter “C”) to immediately repay the amount of KRW 150 million to the Defendant at an interest rate of KRW 30 million per annum, and the Plaintiff agreed to immediately repay the amount of KRW 20,000,000 to the Defendant at the time of granting the loan to the Plaintiff, such as the Gyeonggi-do Yang-gun, Yangyang-gun, Inc. (hereinafter “C”), and as a security therefor, C agreed to set up a collateral to set up the maximum debt amount of KRW 200,000 and the

(2) On the 23th of the same month, the Plaintiff transferred KRW 150 million to E, etc., designated by the Defendant (hereinafter “instant loan”) and received the registration of establishment of a neighboring real estate from C on November 11 of the same year.

(3) On January 2, 2012, when the Defendant did not pay all the interest on the instant loan, the Plaintiff filed an application for the auction of real estate rent on the land in Suwon-gun, Gyeonggi-gu, G, and H with Suwon District Court F (G and H) under the said collateral security right. The said auction procedure was in progress, and the said land was sold to Nonparty I on April 11, 2014, and the Plaintiff received dividends of KRW 75,43,062 on the date of distribution of the said auction procedure held on June 24, 2015.

(4) On October 28, 2013, the Plaintiff again filed an application for the auction of real estate rent on K, L, M, N, and O land of the Gyeonggi-gu Gyeonggi-do based on the said collateral security (hereinafter referred to as Suwon-gu District Court), and on August 13, 2014, the said real estate was sold to the Plaintiff on August 13, 2014 (the sales price was KRW 153,967,50), and on May 21, 2014, received dividends of KRW 75,429,023 from the date of payment of the auction procedure and the date of distribution.

(5) The Defendant’s instant case to the Plaintiff on January 14, 2013.