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(영문) 수원지방법원 2019.03.14 2018가단513647
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 15, 2005, D filed a lawsuit against the Plaintiff (former E), Suwon District Court 2004Kahap18197, and received a favorable judgment from the above court on the purport that “the Plaintiff shall pay D KRW 250 million and its delay damages.” The foregoing judgment became final and conclusive.

The Parties, together, agree on the following matters and do not consolidate any requirement different from that of the subsequent mutual agreement on this matter:

A and B are the following agreements with respect to the debt obligations of the DF debtor (hereinafter referred to as “B”) case subject to the Agreement and the case subject to the Agreement in the Suwon District Court 2004 Gahap18197, the Suwon District Court 2004Gahap18197.

C. Foods

1. Recognizing that the amount of debt loss incurred to Eul is the amount of debt in Suwon District Court 2004Kahap18197 loans, and under the premise that Eul and Eul shall faithfully perform the following provisions on the date of agreement, Gap and Eul agree to pay debt in KRW 200 million.

2. Eul shall pay Gap the agreed amount of KRW 5,00,000 in cash on June 16, 2015, and shall sell Geumcheon-gu Seoul Metropolitan Government H building I and Pyeongtaek-siJ and pay Gap all the purchase-price.

3. Eul shall pay to Eul all part of the above amount when it has paid to Eul part of the above amount to Eul with respect to the claim amount of KRW 90,000,000 between K and Eul, which is a bond holder of Eul.

4. Eul shall pay the remainder after deducting the payment under paragraphs (2) and (3) to Gap every 5 years, 500,000 won, each month, and where Eul has faithfully paid the remainder without the unpaid payment for a day, the difference in loans after 15 years, shall be the deduction cycle.

8. The above agreement shall be cancelled and re-established under the mutual agreement on June 4, 2015.

July 2015

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