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(영문) 대전지방법원 천안지원 2018.12.26 2018가단102092

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 184 million with the interest rate of KRW 15% per annum from March 14, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s lending of money to the Defendant, etc. 1) The Plaintiff is a building site for Asan City C land (hereinafter “instant factory site”).

(2) In addition, on June 5, 2013, the Plaintiff created a collateral security (hereinafter “H”) with the joint collateral of the Plaintiff’s D building E and the Plaintiff’s mother as the joint collateral of the F building No. 135, Jun. 5, 2013, which is owned by the Plaintiff, set up a collateral security (hereinafter “H”) with the amount of KRW 128,80,000,00 from December 2, 2012 to the Defendant, who carried out a real estate development project that newly constructs a factory, and had I borrow a loan of KRW 99,000,000,000,000,000 from June 5, 2013.

(hereinafter referred to as “Housing Security Loans to H”). B.

1) Upon the Plaintiff’s request, K purchased part of the instant factory site and newly built a factory of the company established by K, and the remaining site owned by the Defendant was promoted a plan to newly construct the Defendant’s factory. 2) K established J (hereinafter “J”) for the aforementioned purpose. On June 2014, J participated in the construction of the Defendant’s factory by being awarded a contract for reinforcement works and building a factory site.

3) On June 22, 2015, the Defendant: (a) completed a provisional registration of the right to claim ownership transfer on several lots, such as Arabic City C and L, owned by the Defendant, which are the instant factory site; and (b) on June 22, 2015, M&A Co., Ltd. (hereinafter “M”).

2) The lower court, based on the foregoing premise, filed a registration of establishment of the right to collateral security (hereinafter referred to as “right to collateral security”) with the obligor J and the maximum debt amount of KRW 1.08 billion. The J shall obtain a loan of KRW 900 million from M on the basis of the foregoing right to collateral security (hereinafter referred to as

The secured debt of the right to collateral security, which existed prior to the above real estate, was fully repaid.

C. On August 2015, such as the conclusion of an agreement between three parties.