logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.11.17 2016가합101806
약정금
Text

1. The Defendant’s KRW 76,200,000 and its amount shall be 5% per annum from May 31, 2016 to November 17, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. (1) On November 23, 2011, the Plaintiff is the land located in Gangdong-gu Seoul Metropolitan Government C (hereinafter “instant real estate”).

(C) 1/3 of the shares (hereinafter referred to as “instant shares”)

2) As to the right to collateral security (hereinafter “instant right to collateral security”) on the ground that the obligee D, the obligor, and the maximum debt amount are KRW 150 million.

2) The loan shall be made by setting up and setting aside the interest rate of KRW 100 million from D as 3% per month (hereinafter “Plaintiff’s loan”).

) However, upon receiving 90 million won from which advance interest is deducted, 74.3 million won among them shall be lent to the Defendant (hereinafter “instant loan”).

(2) The Plaintiff and the Defendant agreed to bear interest on the Plaintiff’s loan, and thus, the Defendant paid KRW 50,500,000 as interest to D during the period from January 27, 2012 to February 17, 2015. (2) On November 26, 2011, the Plaintiff additionally lent KRW 5.2 million to the Defendant, and the Plaintiff’s loan to the Defendant was KRW 79,50,000 (= KRW 74.3 million).

B. On December 28, 2015, EP acquired the instant real estate as a public site by consultation. To cancel the instant collateral security, EP paid KRW 140 million out of the compensation for the instant shares (hereinafter “instant compensation”).

The Plaintiff and D agreed that KRW 100,000 out of the instant compensation shall be appropriated as the principal of the Plaintiff’s loan, and that the amount of accrued interest shall be reduced to KRW 40,000,000, and shall be appropriated

[Grounds for recognition] The Defendant: (a) led to the confession that he/she agreed to bear interest on the Plaintiff’s loan by making a statement of response at the date of the first pleading of the instant case; (b) denied the said assertion through each preparatory document dated June 8, 2016 and August 9, 2016; (c) however, the confession at the first pleading of the Defendant is true.

arrow