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(영문) 수원지방법원안양지원 2014.09.05 2013가합6297
약정금
Text

1. Defendant C’s KRW 98,340,00 and the Plaintiff’s annual rate of KRW 5% from January 3, 2014 to September 5, 2014.

Reasons

1. Facts of recognition;

A. A. Around April 15, 2011, D, Plaintiff, and Defendant C agreed to conduct a legal act in the name of Defendant B, who is the birth partner, with the removal of each ground-based detached house and the land located in Gangnam-gu Seoul Metropolitan Government E (hereinafter “E”) and the land located in Songpa-gu Seoul Metropolitan Government F (hereinafter “F land”) and the new construction and sale of urban-type residential housing.

B. During the construction and sale of each building on the land E and F’s land, Defendant C decided to own the F’s land-based housing units 201, 203, 302, 304, 402, 501, and 502, among F’s land-based housing units. On April 4, 2013, Defendant C completed the registration of ownership transfer under Defendant B’s sole name with respect to each housing unit.

C. On November 30, 201, Defendant C prepared a certificate of loan with the borrower as Defendant B, and the loan as KRW 305,000,000, and around April 15, 2013, the Plaintiff prepared a letter of commitment to the effect that the loan certificate as of November 30, 201 was prepared to resolve the dispute at the joint site located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and that it did not actually lend the same amount.

On November 5, 2013, Defendant C was obligated to pay to the Plaintiff the sum of KRW 206,670,000,000, out of KRW 576,000,000 borrowed from Nonghyup as collateral the principal debtor for the real estate owned by Defendant C and KRW 305,00,00,000 from the total of KRW 576,00,000, which was loaned from Nonghyup as collateral. Around November 5, 2013, Defendant C prepared a written confirmation to assume the obligation of the above loan obligations (hereinafter “instant written confirmation”).

E. On the same day, Defendant C is obligated to pay the Plaintiff KRW 26,50,000 for the total amount of KRW 13,000,000 for the divided portion of the jointly owned property, ② the borrowed amount of KRW 8,200,00 for the borrowed amount of KRW 30,140 for the borrowed amount of KRW 8,200 for the registered tax (3 months for the interest), ④ the payment of interest on KRW 10,140,00 for the interest, ⑤ the payment of 2,90,00 for the borrowed amount of KRW 2,60,000 for the brokerage commission and the refund, and ② the payment of KRW 20,00 for the intermediate amount of KRW 20,00 for the litigation fee and KRW 8,340,00 for the total amount of KRW 15,00 for the 203,00 for the litigation fee and KRW 20,000 for the above settlement.”

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