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(영문) 서울중앙지방법원 2018.01.11 2017가합531418
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 11,702,472 as well as 30% per annum from July 6, 2011 to the day of complete payment.

Reasons

1. Basic facts

A. The plaintiff is a company with the main purpose of corporate management consulting and corporate mergers mediation, etc., and the defendant is operating a real estate development business in Belize (Belize, Mexico located in the south of Mexico, and a country adjacent to Kaburi) and C and the defendant became aware of the introduction by attorneys D.

B. On October 13, 2010, the Plaintiff entered into a monetary loan agreement (hereinafter “instant agreement”) with the Defendant as follows, and on the same day, concluded a contract for providing security and modification of the pledge by providing 50,000 shares issued by E Co., Ltd. (E) with pledge (hereinafter “E”) as security for the above loan interest.

Article 1 (Loan) Creditor Gap (referring to the plaintiff) lent 1 billion won to the debtor Eul (the defendant) and the debtor B borrowed this.

§ 2 (Repayment) The due date for the borrowed money shall be as follows:

-The date of redemption: Principal and interest on November 24, 2010 - Method of redemption: Method of redemption: Article 3(interest)(1) of the method designated by A, such as bank account deposit (hereinafter referred to as “B”). If the collection of a claim against B to the KCAF which provides it as security under this contract to B exceeds 2.4 billion won, 50% of the excess amount shall be paid as interest.

2. The amount of 500,000 shares issued by the E-U.S. Bank (hereinafter referred to as “B-U.S.”) owned by E-U.S. Bank Co., Ltd. (hereinafter referred to as “B-U.S”) as security by failing to perform its obligation to repay on the date of redemption under Article 2 of this Agreement shall be paid as interest in excess of 2.4 billion won even in cases where

Provided, That where Party A disposes of the same stocks, Party A shall undergo prior consultation with Party B.

(3) In relation to paragraphs (1) through (2) of this Article, even if the recovered or disposed of amount falls short of one billion won, the repayment obligation of principal shall not be affected.

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