(영문) 창원지방법원 통영지원 2017.01.10 2016가단5862

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(영문) 창원지방법원 통영지원 2017.01.10 2016가단5862

약정금

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1. The Defendant shall pay to the Plaintiff KRW 69,00,000 and the interest rate of KRW 15% per annum from August 20, 2016 to the day of full payment.

Reasons

Facts of recognition

On March 31, 2015, the Defendant created a collateral with a maximum debt amount of KRW 377 million with respect to the property of KRW 2887,000,000 with respect to the property of this case on March 31, 2015 (hereinafter “instant real property”), and received a loan from the macro-agricultural cooperative.

According to the custom that sets the amount of the secured debt as the maximum amount of debt, financial institutions would have been given loans of KRW 290 million. The Plaintiff was the owner of the share of KRW 2124/9279 out of the instant real estate at the time.

On March 29, 2016, the Defendant appears to record the Plaintiff’s share size of 2,887 square meters x Plaintiff’s share value of 2124/9279 square meters x 660.845 square meters.

69 million won related to A will be able to resolve the establishment of a collateral security by June 29, 2016. If the promise is not complied with, I prepared a “statement of performance of the undertaking” stating that “I will be punished by civil and criminal punishment,” and deliver it to the Plaintiff.

The Plaintiff became a single owner of the instant real estate on April 8, 2016, according to the partition of co-owned property as of April 6, 2016.

【In light of the fact that there is no dispute, Gap evidence No. 1, and the purport of the entire pleadings, the defendant expressed his/her intent to pay KRW 69 million to the plaintiff by June 29, 2016 through the letter of this case. Since the payment deadline has arrived, the defendant is obligated to pay the plaintiff the amount of KRW 69 million and the damages for delay.

As to this, the defendant has no value of security equivalent to 69 million won of the plaintiff's share.

② Each of the instant statements was drafted by coercion.

3. The phrase, “it is necessary to set up the initial collateral security and to set up the KRW 69 million for the creation of the collateral security interest from the possession and development of the land.” (C) claims as follows.

However, first of all, a disposal document is recognized as authentic.

유사 판례

-부산지방법원 서부지원 2018.10.25 2017가합102100

-대전지방법원 2019.07.10 2018가합105662

-의정부지방법원 2015.08.13 2015나4444

-대전지방법원 2018.06.15 2017나6595

-수원지방법원 2013.12.17 2012가단81155