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(영문) 청주지방법원 2018.01.05 2016가단5474
건물명도 등
Text

1. Defendant D is against the Plaintiff (Counterclaim Defendant)

A. From April 15, 2015 to April 20, 2016, KRW 79,160,000 and the same.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned money to Defendant D on February 28, 2013, to Defendant D, the due date for payment was February 28, 2019, the interest was KRW 500,000 per month (for calculation by the annual interest rate, approximately KRW 5.714 per annum); the due date for payment of interest was set as the 20th day of each month; and the Plaintiff lent KRW 1.5 million (hereinafter “instant loan”).

B. On August 22, 2014, Defendant D entered into a joint and several surety agreement with respect to the loan of this case with the following content (hereinafter “the loan certificate of this case”).

was drawn up and drawn up. The loan certificate of KRW 105,000,000 (Won) per day.

1. The interest shall be 500,000 won per month for the principal, and the time of payment shall be the next account of the creditor at the end of each month; and

2. The due date for repayment of the principal shall be deposited into the next creditor’s account agreed on February 28, 2019.

On February 28, 2013, Defendant B, on the same day, signed and sealed the seal imprint in the column as the joint and several surety of the loan certificate of this case on the same day (this is the contract formed between the Plaintiff and the Defendant B; hereinafter “joint and several surety contract of this case”).

(C) On August 22, 2014, Defendant D agreed to accord and pay each of the real estate listed in the separate sheet, the only property owned by Defendant B, which was located in Defendant B, for the repayment of the instant loan to the Plaintiff (hereinafter “instant real estate”).

2) On August 22, 2014, with respect to the instant real estate, a sales contract with the Plaintiff and Defendant B with a purchase price of KRW 90 million as to the instant real estate as follows (hereinafter “instant sales contract”).

A. Defendant B signed and sealed his seal imprints on the instant sales contract (this constitutes a contract signed between the Plaintiff and Defendant B; hereinafter referred to as “instant sales contract”).

Article 1 of the Real Estate Sales Contract Act 90 million won

H. The remainder of KRW 90 million shall be paid on August 22, 2014.

1.The provisions of the special agreement.

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