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(영문) 인천지방법원부천지원 2014.09.03 2013가합10382
약정금 등
Text

1. Defendant B Co., Ltd.:

(a) KRW 200,000,000 and this shall be from July 1, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. D established Defendant B by receiving investment from Plaintiff’s father E, and developed the instant 1 and 2 land as a ground for collecting earth and rocks.

B. On June 6, 2005, Defendant B completed the registration of ownership transfer in the name of F with respect to 1/2 shares out of the land of this case on July 22, 2005, and completed the registration of ownership transfer in the name of F with respect to the said shares as a security for investment funds, etc. on July 22, 2005, Defendant B created the right to collateral security with the maximum debt amount of KRW 350 million in the future of this E, and completed the registration of ownership transfer in the name of F with respect to the remaining 1/2 shares on December 28

Since July 1, 2010, Defendant B obtained the project site by completing the registration of transfer of ownership in the name of Defendant C with respect to the land of this case.

C. On August 20, 2012, Defendant B drafted a certificate of borrowing (hereinafter “instant agreement”) with the Plaintiff as to the Plaintiff’s investment amount, including E, with the following content:

Defendant B promised to borrow KRW 200 million from the Plaintiff and to implement the following provisions:

1. Defendant B shall undertake the registration of establishment of the neighboring land as security of the above claim immediately after the completion of the registration of the two land of this case.

2. The above KRW 200 million shall be repaid until June 30, 2013, and interest shall be 2% per month in the event of default.

Defendant B completed the registration of ownership transfer in Defendant B’s name on October 10, 2013 with respect to the instant land 1 and 2.

E. On October 10, 2013, Defendant B entered into a mortgage agreement with Defendant C with a maximum debt amount of KRW 250 million regarding the instant land 1 and 2, and concluded a mortgage agreement with Defendant C with the maximum debt amount of KRW 250 million. On October 17, 2013, Defendant C completed the registration of the establishment of the mortgage of the instant land under the name of Defendant C.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including a provisional number; hereinafter the same shall apply). The purport of the whole pleadings

2. According to the facts of the above recognition of the part of the claim against Defendant B, pursuant to the instant agreement, Defendant B’s interest rate of KRW 200,000,000 as well as the agreement rate of KRW 24% per annum from July 1, 2013 to the date of full payment, which is the day following the agreed repayment date.

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