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(영문) 대전지방법원 천안지원 2017.02.03 2016가합137
약정금
Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from March 11, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On December 14, 2014, the Plaintiff and the Defendant concluded a contract with the following terms (hereinafter “instant partnership contract”) on the land and its ground buildings, D, and E (hereinafter “each real estate of this case”) (hereinafter “instant real estate”), where the voluntary auction procedure is in progress, to operate the rural tourism and resort business by winning it under the name of the Defendant, and to operate the rural tourism and resort business.

In the possession of each real estate of this case, the plaintiff and the defendant own 50:50 shares.

Provided, That only the name shall be the defendant in the procedure.

The defendant shall take charge of the creation of facilities and housing sites, and the plaintiff shall invest KRW 200,000 in capital.

The above investment amount shall be repaid to the Plaintiff with loans secured by each of the real estate of this case after the successful bid.

In order to guarantee the above contents to the Plaintiff, the Defendant is the Defendant’s first floor neighborhood living facilities with the first floor above the 5th floor owned by the Defendant, Busan-gu, Busan-gu, and the Plaintiff’s real estate.

A provisional registration is established to secure and prove B. Special agreement: 20,000,000 won loan to each of the real estate in this case; 50% provisional registration is made to the Plaintiff; 20,000,000 won is to be withdrawn from provisional registration of Busan Jin-gu.

B. On December 26, 2014, the provisional registration of the right to claim the transfer of ownership was completed on the land and buildings on the land in Busan-gu Busan-gu Busan-gu and its ground (hereinafter “instant Busan-si real estate”). D. As to each of the instant real estate on December 31, 2014, the registration of transfer of ownership was completed on the ground of “sale by voluntary auction on December 30, 2014.”

On March 17, 2015, the Defendant borrowed KRW 100,000,00 from the Gangnam-si Forestry Cooperatives. On the same day, the Defendant completed the registration of the establishment of a mortgage over each of the instant real estate, which was the maximum debt amount of KRW 140,000,000, to the said Union as a security for the said loan obligations.

【Ground of recognition】 dispute.

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