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(영문) 인천지방법원 2017.07.21 2016가합60606
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from July 11, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1 and all pleadings as to the cause of the claim, the defendant kept 10% interest of the defendant as collateral of KRW 500 million on September 1, 2016 to the plaintiff on the condition that "it shall be refunded at the time of payment of KRW 500 million to the plaintiff until December 10, 2016 (the defendant shall pay late compensation at the expiration of the due date). In addition, the defendant-owned Incheon Building B (hereinafter "the building of this case") shall prepare a confirmation document stating that "1.5 million won interest shall be immediately cancelled upon receiving KRW 100 million,00,000,000,000,000 won should be paid to the plaintiff at the rate of KRW 1.5 billion,000,000,000,0000,000,000 won per annum 1.5 billion,000,0000,000 won per annum of this case to the plaintiff.

2. As to the Defendant’s assertion, the Defendant: (a) decided that E, the former owner of the instant building, had the Plaintiff set up a collateral of KRW 1.3 billion with the maximum debt amount in order to escape compulsory execution by other creditors; and (b) in the process of transferring the instant building to the Defendant, E only has conducted a notarized act equivalent to KRW 500 million with the Plaintiff in order to cancel the said establishment registration; and (c) the Defendant did not have the obligation to pay KRW 500 million with the Plaintiff; (d) however, the fact that the Defendant written the confirmation document was written out to the Plaintiff; and (e) there

Therefore, the defendant's argument is without merit.

3. Conclusion.

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