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(영문) 대전지방법원천안지원 2017.04.06 2016가단112811
약정금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 35,00,000 and Defendant B from April 1, 2015 to December 1, 2016.

Reasons

1. Facts of recognition;

A. On February 26, 2007, Defendant C obtained a loan from Daecheon Agricultural Cooperative (hereinafter “instant loan”), and on the same day, the Plaintiff set up a collateral on the land E, F, and G located three lots of land (hereinafter “instant land”) owned by the Plaintiff as collateral for the said loan obligation, with the maximum debt amount of KRW 156 million, and the debtor as Defendant B, who is the mother of Defendant C.

B. On September 7, 2016, Defendant C applied for a voluntary auction based on the foregoing collateral security, which did not fully repay the instant loan obligation, and on September 7, 2016, Defendant C received the decision to commence voluntary auction (H) with respect to the instant land from the Hongsung Branch of the Daejeon District Court.

C. On the other hand, on October 15, 2014, the Defendants prepared and delivered to the Plaintiff a letter of intent to repay KRW 35,000,000 out of the instant loans by the end of March 2015 (hereinafter “each of the instant notes”).

【Defendant B: Decision on deemed confession (Article 208(3)2 of the Civil Procedure Act): Defendant C by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination:

A. According to the facts of the determination as to the cause of the Plaintiff’s claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 35,00,000 as well as damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from April 1, 2015 to December 1, 2016, which is the day following the date of payment, to December 27, 2016, Defendant C, until December 27, 2016, and Defendant D, until November 14, 2016, and until the day of full payment.

B. Defendant D’s assertion regarding Defendant D is visible-si between Defendant C and Defendant C.

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