약정금
Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
1. Basic facts
A. In order to purchase part of the shares (Plaintiff 4.1/10 shares and Defendant 5.9/10 shares) of C (Plaintiff 4.1/10 shares, Defendant 5.10 shares, and Defendant 5.9/10 shares) among E-type shares (as to Plaintiff 4.1/10 shares and Defendant 5.9/10 shares) from E-type shares on March 5, 2012, the original Defendant purchased the shares of C (Plaintiff 4.1/10 shares, Defendant 5.9/10 shares, and Defendant 5.9/10 shares), and completed the registration of ownership transfer of each name on April 23, 2012, and the Defendant purchased the shares of D-type shares from the Plaintiff on March 5, 2012 after completing the registration of ownership transfer on April 23, 2012. < Amended by Act No. 113888, Mar. 21, 2012>
B. Meanwhile, at the time of the purchase of the instant land, the original Defendant agreed to obtain a loan from a financial institution as a security. Accordingly, the Defendant obtained a loan of KRW 80,000,000 from the F Association (hereinafter “F”) on April 23, 2012 (hereinafter “first loan”), and on the same day, completed the registration of establishment of a mortgage with respect to the instant land as the maximum debt amount of KRW 104,000,000, the debtor, the Defendant, and the mortgagee F.
With respect to loans of KRW 80,000,000, G Bank on April 17, 2015, both parties enter into a contract as follows:
The debtor shall be the plaintiff, and the loans borne by the plaintiff shall be KRW 20,000,00, and the loans borne by the defendant shall be KRW 60,000,00.
The defendant's interest shall be transferred by the 16th day of each month to the Plaintiff G Bank Account (H) interest on the principal amount of KRW 60,000,000.
(4.36% of the interest rate as of April 17, 2015) If the loan interest and the delivery of content certification for three months is unpaid, the violation of the above terms and conditions of the contract shall be notified and consent to the seizure of real estate.
The G Bank shall actively establish the right to collateral security of real estate located in each city of Macheon-si.