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(영문) 인천지방법원부천지원 2020.12.02 2020가합101873
약정금
Text

The defendant shall pay to the plaintiff KRW 250,000,000 among the above amounts and KRW 200,000,000 from August 11, 202 to the day of full payment.

Reasons

1. Basic facts

A. C (hereinafter “C”) borrowed KRW 220 million from D on May 30, 2017, and around July 31, 2017, C (hereinafter “E”) borrowed money from E (hereinafter “E”) to repay D’s loans.

E lent money to C by subrogated payment of C borrowed money to D.

B. On December 6, 2017, E transferred KRW 200,000,00 to the Plaintiff out of the loan claims against E with respect to E.

C. On April 3, 2018, the Defendant and C prepared a letter of undertaking to the Plaintiff, “I, on December 6, 2017, accept the obligation that I would have to pay, but if C representative director H would not pay by May 31, 2018, I would like to undertake that I will jointly pay (hereinafter “instant letter of undertaking”).

On June 20, 2018, the Plaintiff and the Defendant drafted a written agreement with the following terms (hereinafter referred to as “instant agreement”) and on June 22, 2018, a notary public received authentication from the J Law Firm as to the said written agreement by Ordinance No. 935, Jun. 22, 2018.

Amount of a letter of agreement: 350,000,000 - 150,000,000 - Amount of loan (including interest) - Amount of KRW 200,000,000 shall be agreed as follows:

:

1. The Defendant agrees to pay the remainder to the Plaintiff first in the second order except for the preferential loan of financial rights as deposited, since the Defendant sold K, L, L, L, L, and N, but currently did not deposit the balance.

2. Also, since K, L shopO, and P are unsold in lots in Gyeonggi-do, it is agreed to pay to the Plaintiff the remainder of the down payment and the intermediate payment to the Plaintiff until the repayment is made in the second priority except for the preferential loan of financial rights, as sold in lots.

3. If the situation is completed, the right to create the collateral on immovables shall also be terminated immediately.

4.The provisions of this Agreement.

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