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(영문) 청주지방법원제천지원 2017.05.31 2016가단21892
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 25, 2015, C lent to the Plaintiff and D the amount of KRW 2015da205795 (E) and KRW 59,00,000 to the Plaintiff at an interest rate of 3% per month on August 12, 2014, and D jointly and severally guaranteed the Plaintiff’s obligation to repay the loan amount of KRW 6,50,000 to the Plaintiff on November 22, 2014. E transferred the said obligation to the Plaintiff on March 20, 2015, and notified the transfer thereof around that time. Accordingly, the Plaintiff and D jointly and severally paid KRW 59,00,000 to C with the loan amount of KRW 20,000,000 and KRW 250,000,000,000 from August 12, 2014, the Plaintiff paid the loan amount of KRW 205,000 to C and KRW 25,000,000.

(hereinafter referred to as “instant conciliation,” and the protocol in which the above conciliation clause is written is “instant conciliation protocol.” Conciliation clause

1. The Plaintiff and D shall be jointly and severally paid KRW 43,00,000 to C, and KRW 21,50,000 among them shall be paid until March 31, 2016, and the remainder KRW 21,50,000 shall be paid until June 30, 2016, respectively.

2. Paragraph 1 shall be null and void if the Plaintiff and D fail to perform the installment payment obligation under paragraph 1 once, and the Plaintiff and D shall jointly and severally pay C 5 million won and 15% interest per annum from August 12, 2014 to the date of full payment.

In this case, if there is any money paid to the Defendants pursuant to paragraph (1), such money shall be appropriated as part of the principal amount of KRW 55,00,000.

3. C waives the remainder of claims.

B. On June 3, 2015, the Plaintiff received the registration of ownership transfer with respect to the real estate listed in attached Table No. 1 (hereinafter “instant land”) from the agricultural cooperative on the same day.

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