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(영문) 의정부지방법원 2016.08.09 2013가단159998
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,445,410 and the interest rate of KRW 15% per annum from October 22, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 15, 2004, C, the Defendant’s wife, completed the registration of ownership transfer with respect to the building E in Gwangju-si, Gyeonggi-do and its ground area (hereinafter collectively referred to as “instant real estate”).

B. On March 23, 2007, the Plaintiff had already been subject to a provisional attachment of approximately KRW 80,000 and KRW 30,000,000 from the Defendant (hereinafter “the Defendant”) with respect to the instant real estate, and the Defendant side would pay the said debt within one year. The Plaintiff completed the registration of transfer of ownership under the Plaintiff’s name as head of Suwon District Court’s Sung-nam Branch Branch of Gwangju Branch of Gwangju District under Article 19614 on the same day.

C. On February 28, 2009, the Plaintiff and the Defendant drafted a letter of commitment to the instant real estate agreement (hereinafter “instant agreement”) with respect to the instant real estate, and D was present as a observer.

As to the instant agreement, the Plaintiff and the Defendant made an authentic deed No. 572, including the Love Law Firm Love, as to the instant agreement, and the main contents thereof are as follows.

Article 1 (Purpose and Background of Conclusion of Agreement for Implementation of Agreements) Omitted Article 1 (Obligation of the Plaintiff)

1. The plaintiff was unable to pay taxes such as national taxes and obligations to the national bank by the defendant's side at the request of the defendant's side, and thus, the plaintiff's obligation is extinguished.

It seems that the National Agricultural Cooperative Federation's loan in arrears is requested to proceed with the auction of this case, as described in paragraph (1).

Recognizing the situation of auction (the National Tax Service and the National Bank) with respect to the instant real estate by this case, it is satisfied that the pertinent liability for all loss incurred to the Plaintiff is compensated by the Defendant.

2. The plaintiff at any time cooperates with the defendant's request within the framework of the law.

Article 2 (Obligation of Defendant’s Side)

1. Under any circumstances, the ownership interest rate shall apply to the Plaintiff, the present owner of the instant real estate.

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