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(영문) 인천지방법원부천지원 2014.11.13 2014가합2364
약정금 등
Text

1. The Plaintiff:

A. Defendant B and C shall be jointly and severally paid KRW 180,000,000 and shall be fully paid from October 8, 2014.

Reasons

1. Indication of claim;

A. On January 19, 2007, the Plaintiff: (a) obtained an order to seize and transfer the claim against Nonparty E with respect to the right to collateral security amounting to KRW 230 million with respect to Nonparty E’s claim against Nonparty E; and (b) obtained on December 17, 2007, the registration of the transfer of the right to collateral security on the F-owned real estate under the order to seize and transfer the claim with respect to the claim for collateral security amounting to KRW 20

B. On October 18, 2010, Defendant B and C, who had an interest in the said real estate, prepared and executed the following agreements with the Plaintiff to cancel the registration of the establishment of the said neighboring mortgage on October 18, 2010. After receiving the said agreement from the said Defendants, the Plaintiff cancelled the registration of establishment of the said neighboring mortgage on October 20, 2010.

C. D. D. P. P. H. H. H.

1. Defendant B is liable for KRW 100 million out of the amount to be paid by Defendant C to the Plaintiff. With respect to the business to be undertaken with Defendant C, the profits to be paid to Defendant C shall be paid directly to the Plaintiff, and the Defendant C agrees thereto.

2. Omission;

3. In a case where Defendant B did not perform the obligation of the above paragraph (1), Defendant C is liable for all the amount to be paid to the Plaintiff by Defendant B.

4. Defendant C shall pay to the Plaintiff KRW 130 million, out of KRW 230,000,000, which shall be paid to the Plaintiff, immediately with Defendant B, and the remainder of KRW 100,000 shall be paid within three years.

C. On the other hand, Defendant D should be established as above with the Plaintiff.

On October 8, 2010, a prior agreement was made to repay KRW 100 million out of the agreed amount credit, and on October 8, 2010, the establishment registration was completed on the real property owned by oneself as the maximum debt amount of KRW 100 million.

Since then, the plaintiff was only paid KRW 50 million from the defendant B, and the remaining agreed amount was not paid.

E. Therefore, Defendant B and C shall jointly and severally pay to the Plaintiff the agreed amount of KRW 180 million and damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 8, 2014 to the date of full payment, which is the day following the date of final delivery of a copy of the instant complaint filed by the Plaintiff.

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