(영문) 전주지방법원 2018.04.12 2017나2086 | 리걸엔진

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Reasons

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(영문) 전주지방법원 2018.04.12 2017나2086

약정금

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1. Of the judgment of the first instance court, KRW 16,250,000 against the Plaintiff and its related thereto from August 25, 2016 to April 12, 2018.

Reasons

(b) made up;

The borrower (E) shall borrow and pay interest on the loan from the borrower (E) and shall sign a full payment after a certain period of loan is agreed upon with the following five items:

- -:

1. The terms of borrowing shall specify the amount including the deposit (E) and the premium for a premium (O0 million won) with the borrower on the change of the name of the borrower and the value of the restaurant in this case.

2. The interest rate of the borrowed amount shall be 12% per annum and the interest amount shall be 10,000 won;

3. The interest on loan shall be paid as interest accrued after April 30, 2015, which is three months after the date on which a contract is concluded ( December 30, 2014).

4. The borrowing period shall be three years.

(F) The borrower and the borrower shall agree on the extension of the following period: 5. The operation and ownership interest rate of the restaurant of this case shall be waived, and the borrower shall be concessioned.

* The borrower: E* the guarantor for the borrower: Defendant* the notarial deeds of the Plaintiff’s money loan contract for consumption

1. The obligee lent KRW 70,000,000 to the obligor on December 30, 2014, and the obligor borrowed it.

2. The repayment shall be determined by December 30, 2017.

3. The interest shall be paid at the rate of 12% per annum on April 30, 2015 on a one-lane basis on the last day of each month.

8. The surety has agreed to guarantee the debtor's obligation under this Agreement and to discharge the obligation jointly with the debtor.

C. On February 27, 2015, the Plaintiff agreed with the Defendant to invalidate the above loan certificates and notarial deeds, and drafted a new written agreement with the Defendant as follows:

As the Defendant leased the instant restaurant in the name of F (Plaintiff’s spouse), the agreement agreed as follows.

1. When the Defendant concludes a contract with the lessor for termination with the lessor, it shall pay to the Plaintiff the deposit amount of KRW 10 million.

2. Agreement on the division of premium:

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