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(영문) 의정부지방법원고양지원 2017.10.11 2017가단83122
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that employs C as a broker assistant and runs real estate brokerage business under the trade name of “D Licensed Real Estate Agent Office”, and the Defendant is a company that is incorporated with the manufacture, etc. of motor vehicle parts as its business purpose.

B. On May 7, 2012, Ansan-si Mutual Savings Bank (hereinafter “Yan-gu Mutual Savings Bank”) implemented a loan of the principal amount of KRW 2.4 billion with respect to Manma Culture Co., Ltd. (hereinafter “Yan-gu Mutual Savings Bank”) (hereinafter “instant loan claims”) and was established as a collateral for the instant loan claims against Panma Culture Co., Ltd. (hereinafter “Yan-gu Mutual Savings Bank”) with the instant loan claims secured by E as the secured claim, a collateral security was set up on six parcels, namely, the maximum debt amount of KRW 3136С and six parcels, namely, the maximum debt amount of KRW 4.95 million.

C. On July 15, 2016, the Ansan Savings Bank concluded a transfer and acquisition contract with the Defendant, including bonds, with the content of transferring the instant loan claim in KRW 2.2 billion to the Defendant by means of a brokerage of the Defendant and the Defendant (hereinafter “instant transfer contract”). D.

On October 1, 2016, the Defendant again concluded a contract on the transfer of bonds between Dongjin S Co., Ltd. (hereinafter “Dongjin S”) and the transfer price of the instant loan in KRW 2.5 billion (hereinafter “the contract on the transfer of bonds in this case”) with Dongjin S Co., Ltd. as a broker, and concluded a contract on the transfer of bonds in this case (hereinafter “the contract on the transfer of bonds in this case”) in the total of the transfer contracts in subparagraphs 1 and 2 of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, witness C's partial testimony, the purport of whole pleadings

2. The Plaintiff asserted that the Plaintiff and the Defendant’s intra-company director G agreed to pay an amount equivalent to 30% of the difference between the acquisition price and the transfer price when the Plaintiff and the Defendant transferred the instant loan to a third party after the Defendant acquired the instant loan claim. The Defendant acquired the instant loan claim from the Ansan Savings Bank in KRW 2.2 billion and acquired it in KRW 2.5 billion from the Eastjin Savings Bank.

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