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(영문) 서울고등법원 2020.07.09 2019나2039797
청구이의
Text

1. Of the judgment of the first instance, the part against the Plaintiff is modified as follows.

The defendant is against the plaintiff.

Reasons

1. The court's explanation on this part of the facts of recognition is identical to the corresponding part of the reasoning of the judgment of the court of first instance, except for the case where the part of the judgment of the court of first instance is dismissed as follows. Thus, this part of the reasoning of the judgment of the court of first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

C. Foods

(a)the third first list shall be drawn up as follows:

In preparing a written agreement on the construction of H land (land purchase and construction of buildings and sale on its ground) and borrowing (gold) sources from the H land, the defendant is referred to as "A" and the plaintiff is referred to as "B".

1. The Defendant shall pay the Plaintiff KRW 200,000,000 with the purchase price of H land, and KRW 200,000 with the construction cost, and the payment period shall be determined by the Defendant.

2. As to KRW 400 million paid by the Defendant, the Plaintiff shall set up a right to collateral security in the second order by allocating the remainder of KRW 270 million to the H’s land, and the remainder of KRW 270 million to theO and E’s land, respectively.

3. Amount to be paid by the plaintiff to the defendant

(a) (Plaintiffs shall pay to the Defendant) out of the borrowed money the total of KRW 200 million and the total of KRW 200 million and interest KRW 330 million on behalf of the Plaintiff and the construction cost.

The total amount to be paid is KRW 730 million.

The defendant shall pay to the plaintiff seven-month interest on the creation cost of the right to collateral security and the land loan amounting to 400 million won.

(b) 330 million won of the profit shall be retained respectively in the form of a loan certificate and notarized;

4. Time of payment;

A. The Plaintiff sold H,O, E land and its ground buildings to the Defendant and paid 730 million won (40 million won for rent and 330 million won for profit) to the Defendant first.

At each time of the payment of the balance of the household sold in lots, the defendant receives the balance as a substitute and cancels the collateral security for the household.

(b) The repayment period of the borrowed amount shall be repaid in full (730 million won) without any condition until February 20, 2017 and the principal shall be 700 million won from the day following the date of repayment.

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