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(영문) 인천지방법원 2015.11.11 2014가합12894
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff runs a credit business under the trade name of “C”, and D is the Plaintiff’s husband. 2) E actually runs a construction business while operating a F Co., Ltd. (hereinafter “F”).

3) The Defendant is a multi-household building on the land outside Kimpo-si G, Kimpo-si and two parcels (hereinafter “instant loan”).

) New construction works (hereinafter “instant construction works”)

B. On October 28, 2009, E borrowed KRW 50 million (hereinafter “the first borrowed loan obligation”) from D to withdraw the auction of real estate rent (JJ) in progress on the land in Nam-gu Incheon, Nam-gu, Incheon, from D on October 28, 2009.

2) E along with K which jointly operated a business as of July 2, 2013, and with the Plaintiff as of July 2, 2013, as of KRW 170 million from the Plaintiff (hereinafter “second loan obligation”), and the total amount of the first and second loan obligations is “existing loan obligations”.

(A) On August 2, 2013, the due date for repayment was set at 3% per month of the interest rate, and at the time the Plaintiff, on the ground that K’s Dong L was the debtor, prepared a standard terms and conditions for loan transaction (Evidence A 3) with respect to the above loan, and the Plaintiff as a security for the above loan repayment obligation, shall be deemed as L-owned M and N land (hereinafter “L-owned land”).

As to the claim amount, the Plaintiff also created the right to collateral security (hereinafter “instant auction procedure”) with the maximum debt amount of KRW 225 million and the right to collateral security (hereinafter “the right to collateral security”) and the right to collateral security (hereinafter “the right to collateral security”). As the Plaintiff did not repay the second loan debt, the Plaintiff filed an application for the auction of the right to collateral security (hereinafter “right to collateral security”). On November 5, 2013, Suwon District Court rendered an application for the auction of the right to collateral security (hereinafter “instant auction procedure”).

C. On May 29, 2014, the Defendant drafted and delivered a sales contract to the Plaintiff, respectively, as to the Plaintiff’s lending Nos. 101, 201, 202, and 302.

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