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(영문) 서울중앙지방법원 2018.01.25 2017가합33310
각서금
Text

1. As to KRW 194,810,00 and KRW 170,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from October 18, 2017 to January 25, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a creditor subrogation claim lawsuit against C by the Seoul Central District Court 2016da5073 (Seoul Central District Court).

B. On January 11, 2017, the Plaintiff entered into an agreement with C to pay the Plaintiff KRW 240,000,000 with respect to the instant lawsuit (hereinafter “instant agreement”) and prepared the agreement. The Defendant jointly and severally guaranteed C’s obligations under the instant agreement.

The main contents of the instant agreement are as follows.

Agreements C (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) agree as follows:

Case Description: Seoul Central District Court 2016dan5150773, Claim for Subrogation by Creditor

(b) Indication of the target real estate;

1. Forest land of 11,037 square meters in Gyeonggi-gun;

2. Forest E in Gyeonggi-gu, Gyeonggi-do, 10,55 square meters.

3. Article 1 (Purpose of Contract) and Article 1 (Purpose of Contract), Article 1 (Purpose of Contract) and Article 1 (Purpose of Contract) of the F Forest Land of Gyeonggi-gu, Gyeonggi-do, had a dispute arising from the sale and purchase of the above target real estate, and the creditor subrogation lawsuit by the Seoul Central District Court 2016Kadan5073 is underway. The purpose of Article 1 (Purpose of Contract) is to resolve all problems by paying the same million won to B.

Article 2 (Amount agreed upon) A shall be KRW 240,000,000,000, for which A shall pay to B.

Article 3 (Provision of Security for Payment of Agreed Amount) (1) A shall implement to B the registration of creation of a mortgage over land of Gyeonggi-gu, Gyeonggi-do, the maximum debt amount of which is KRW 120,00,000, and the registration of creation of a mortgage over land of Gyeonggi-do, the plaintiff of the right to collateral security, until January 16,

(2) By May 30, 2017, “A” shall apply to a financial institution for a loan of KRW 100,000 to “B” and simultaneously terminate the right to collateral security under Article 3 (1).

[Method of Payment: A shall complete consultation with the financial institution and three persons, and provide documents related to the loan, so that the financial institution selected at the time of payment may directly transfer the loan to B at the time of execution of the loan after the establishment of the right to collateral security (hereinafter referred to as "mortgage"), and B shall terminate the right to collateral security under Article 3 (1).

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