(영문) 인천지방법원 2014.11.21 2014나7087 | 리걸엔진

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(영문) 인천지방법원 2014.11.21 2014나7087

약정금

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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against the defendant for the payment of investment amount as this court's 2005da105223, and on September 28, 2006, the plaintiff did not submit a written answer to the defendant, and on September 28, 2006, the plaintiff was sentenced to a judgment that "the defendant shall pay to the plaintiff 43 million won and the amount of 5% per annum from July 24, 2006 to September 28, 2006 and 20% per annum from the next day to the date of full payment". The above judgment was finalized on October 31, 2006.

(hereinafter referred to as “the final and conclusive judgment of this case”).

The Plaintiff filed an application for compulsory auction as D of this court with respect to the housing of 27.9 square meters and 2-story on the land owned by the Defendant with the final judgment of this case as the title of execution, and accordingly, the registration of the decision to commence compulsory auction was completed on November 30, 2006 with respect to the real estate of this case.

C. On July 30, 2007, the plaintiff paid KRW 20,000 to the plaintiff by August 1, 2007, when the defendant paid KRW 20,000 to the plaintiff by August 1, 2007, the plaintiff agreed to set up an application for extension of the date of compulsory auction. According to the above agreement, the defendant paid KRW 20,000 to the plaintiff on August 1, 2007, and the plaintiff submitted an application for extension of the date of auction to the court of auction.

Then, on March 31, 2008, the Plaintiff agreed to pay KRW 2,400,000 to the Plaintiff by May 30, 2008 as the expenses incurred by the Plaintiff in the said compulsory auction procedure, and additionally set up and agree to set up a promissory note No. 20,000,000 until April 5, 2008.

E. In addition, the Defendant prepared a loan certificate (Evidence 2) stating that the Defendant would repay KRW 80,000,000 to the Plaintiff by April 30, 2008, in order to complete the registration of establishment of a right to collateral security in the name of the Plaintiff on the instant real estate as security for the withdrawal of the above application for compulsory auction, and accordingly, the instant real estate is the instant real estate.

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