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(영문) 수원지방법원성남지원 2015.08.28 2015가단1429
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 20% per annum from January 29, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On October 22, 2014, the Plaintiff and the Gyeonggi-do Fisheries Cooperatives concluded a contract on the assignment of mortgage-backed claims with respect to the B building No. 101 and 11 (hereinafter “each of the instant real estate”) established by the Gyeonggi-do Fisheries Cooperatives, with respect to the maximum debt amount of KRW 1.794 billion, the maximum debt amount of KRW 351 billion, the maximum debt amount of KRW 1.351 billion, and the secured debt of each of the instant mortgage-backed claims (the loan principal of KRW 1.380 million, the total of KRW 270 million, and KRW 1.65 billion, the total of KRW 1.65 billion).

B. The main contents of the above contract are as follows:

Article 3 (Transfer Price and Method of Payment) (1) The transfer price shall be KRW 1.65 billion.

(2) The plaintiff shall pay the transfer price to the Gyeonggi-nam Fisheries Cooperatives as follows:

(Provided, That the costs of legal action under Article 3(1)- - - The following - The sum of the remainder 1,485,000,000 won paid on October 23, 2014, the payment date of which is 1,65,000,000 won, which is the sum of the remainder 1,485,000,000 won on November 25, 2015, and all the expenses incurred in the actual inspection of the claim and security right subject to transfer, and all the expenses incurred in the transfer of the claim and security right under the name of the Plaintiff from the Gyeonggi-nam Fisheries Cooperatives, and the expenses incurred in the transfer of the claim subject to transfer and the security right shall be borne by the Plaintiff in any case.

C. On October 24, 2014, the Plaintiff and the Defendant concluded a bonds transfer and takeover contract (hereinafter “instant contract”) with the following terms and conditions.

The Plaintiff and the Defendant conclude a contract to purchase KRW 1,650,000,000, which is the principal standard amount of the amount of claims owned by the Gyeonggi-do Fisheries Cooperatives on each real estate of this case, at KRW 1.7 billion.

1. The down payment of KRW 165 million shall be deposited on October 24, 2014 in the account of the Gyeonggi-Namnam Fisheries Cooperatives (272-61-00379) and shall be deposited in the name of the Plaintiff.

2. The proceedings of the contract are to be undertaken with the Plaintiff.

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