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(영문) 서울중앙지방법원 2017.07.12 2016가합548006
대여금
Text

1. Defendant B shall pay 150,000,000 won to the Plaintiff and 30% per annum from November 16, 2007 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 16, 2007, the Plaintiff drafted a letter of credit agreement and a written agreement (hereinafter “instant agreement”) with Defendant B, the Plaintiff’s interest rate of 2.5% per month, and the due date of repayment of KRW 150,000 on December 16, 201.

The main contents of the instant agreement are as follows.

Article 1 (Loan) Defendant B shall pay 50 million Won per month interest by December 16, 201.

Article 2 (Security) Defendant B shall keep the certificate of registration of real estate owned by Defendant B in custody of the Plaintiff.

In addition, Defendant B, including the provision of security for Defendant B’s real estate, will pay for the above priority claim (Plaintiff’s claim) if it is traded under the condition that it does not provide any additional collateral security.

Article 3 (Loss of Maturity) When Defendant B either has not paid interest five times or more or has received any seizure, provisional seizure, provisional disposition or application for auction from a third party, additional collateral security, or declaration of bankruptcy, Defendant B shall immediately pay to the Plaintiff, including the loan money of KRW 1.5 million and interest interest, etc.

B. On the other hand, Defendant B did not pay the Plaintiff the agreed interest or interest in arrears after the formation of the instant agreement.

C. On November 12, 2010, Defendant B promised to sell each of the lands listed in the separate sheet No. 1,900,000,000 to Defendant C, D, and Defendant B entered into a trade promise with the content that Defendant B would sell to Defendant C, and D each of the lands listed in the separate sheet No. 1,90,000,000 (hereinafter “instant purchase promise”) and that would pay 1,00,000,000 won as deposit money for the said purchase promise (hereinafter “instant purchase promise”). On February 24, 2012, Defendant B sold each of the lands listed in the separate sheet No. 1,90,000,000 to Defendant C and D, and the remainder shall be paid as of February 24, 2012, which is the buyer and buyer of the said land, who is currently the buyer and buyer of the said land.

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