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(영문) 부산지방법원동부지원 2016.09.29 2016가합102671
약정금
Text

1. The Defendant’s KRW 6,534,152,468 as well as 5% per annum from June 4, 2016 to July 20, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. In relation to the Plaintiff’s lending of money from Han Han Bank, the Plaintiff: (a) provided the Plaintiff’s ownership (i) around July 15, 1987, (ii) around June 24, 1993, (iii) around September 15, 1995, (iv) around September 15, 1995, (v) around 15 square meters of land, (v) around September 15, 1995, (v) around 15 square meters of land, and (v) around 682 square meters of land in Busan Shipping Daegu, Busan, Busan, and its ground (hereinafter collectively referred to as “mortgaged real estate”).

B. On July 22, 1998, the Plaintiff sold the G site and its ground buildings in Suwon-gu, Busan (hereinafter collectively referred to as “instant sales real estate”) to KRW 9,247,00,000,000.

C. On October 21, 1998, the Plaintiff and Crhman agreed to pay to Crhman the remainder of the instant real estate sold to Crhin by December 31, 2001, with the payment of KRW 3,697,00,000,000, and Crhman agreed to pay the amount to the Plaintiff when the Plaintiff loses ownership of the instant real estate due to auction, etc.

At the time, the defendant jointly and severally guaranteed the obligation to the plaintiff.

On August 2001, Korea Light Bank applied for a voluntary auction on the instant secured real estate, and thereafter, the instant secured real estate was sold to a third party.

E. On July 12, 2002, the Plaintiff filed a lawsuit against the Plaintiff against the Plaintiff for the remainder payment of the instant real estate purchased and sold and the claim for damages equivalent to the value of the instant secured real estate. On July 12, 2002, the court rendered a judgment ordering the Plaintiff to pay the amount calculated at the rate of 25% per annum from May 23, 2002 to the date of full payment. This judgment became final and conclusive.

F. On February 12, 2011, the Defendant: (a) pursuant to the agreement of KRW 1,756,427,920, the unpaid amount, such as the principal, etc.; and (b) pursuant to the agreement of KRW 4,777,724,548, which the Defendant is obliged to pay to the Plaintiff on February 12, 201, the amount of the reconstruction project that the Defendant has business rights.

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