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(영문) 수원지방법원 2018.09.21 2017가합16849
약정금
Text

1. The plaintiff's main claim against the defendants is dismissed in entirety.

2. The Defendants are listed in attached Table 1.3.

Reasons

1. Factual basis

A. D was detained on December 10, 2015 on the charge of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which committed a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), by deceiving the Plaintiff without any intent and ability to repay the loan, thereby creating a collateral security on the real estate owned by the Plaintiff and obtaining a loan of KRW 500 million from the

[Cheongju District Court 2013Gohap264]

On February 2, 2016, when the trial of the appellate court of the instant case in D [the Daejeon High Court (Cheongju), 2016No13, hereinafter referred to as "relevant criminal case" in the first instance court and the appellate court] was pending, the Plaintiff and the Defendants prepared a land transaction agreement (hereinafter referred to as "agreement") on the attached real estate list 1 through 4 (hereinafter referred to as "each of the instant lands") with respect to each of the instant lands, and the main contents thereof are as follows:

(Agreements stipulated in the Agreement (hereinafter “Agreements”). The purpose of establishing the right to collateral security on the said real estate is to establish the agreement between the Plaintiff and the Defendant regarding the Daejeon High Court’s Cheongju case No. 2016No. 13, the following terms and conditions of the agreement between the Plaintiff and the Defendant are to handle this business and to prepare the land transaction agreement:

1) The land owner B refers to setting up the right to collateral security of KRW 1,00,000 ( KRW 1,000,000) to Party A. (2) The repayment date of the transaction price related to the creation of collateral security on the land is set within ten months from the date of establishment of collateral security, and there is no interest thereon.

3) Where there is an inevitable understanding of Gap, the interest rate of 24% per annum may be paid in advance and extended every month. 4) If it is difficult to extend the land ownership without repayment due to delayed repayment due to a period exceeding one month after the repayment date of the transaction price related to the creation of a right to collateral security on the land, it shall be immediately transferred and there is no obligation or obligation with Gap, Eul, and D.

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