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(영문) 대전지방법원 천안지원 2018.05.25 2017가합103293
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 114,071,038 and 5% per annum from January 1, 2017 to May 25, 2018.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is a corporation engaged in the housing site preparation business and real estate sale and lease business, and Defendant C is the representative director of the Defendant Co., Ltd.

B. Around June 3, 2016, around June 3, 2016, between the Plaintiff and the Defendants, a loan certificate with the same content as the loaner and the Defendant C’s joint and several sureties was prepared, and as in June 8, 2016, a letter of payment with the same content as attached Table 2 was prepared by both the Defendant Company and the Defendant C as a joint and several sureties.

(hereinafter referred to as "the loan certificate of this case" and "the loan certificate of this case" / [Attachment 1] The loan certificate of this case shall be borrowed from the funds, expenses, etc. required for the rental apartment business (hereinafter referred to as "rental apartment business of this case") with respect to the lease of D and two parcels of land outside the Asan City (hereinafter referred to as "rental housing business of this case") and shall be paid by December 31, 2016. If the above amount is not paid by the due date, the citizen and the criminal liability will be borne if he/she fails to pay it by the due date.

However, since the condition of repayment at the time of the receipt of the remaining land sale after the completion of the rental apartment business license is completed, if the inevitable time of the business license is more needed, both parties will consult to adjust it smoothly.

[Attachment 2] He was able to make an investment of KRW 80,00,000,00 in the apartment project site, including D and 2 lots of apartment land, in Asia-si, in order to pay KRW 50,000,00,000, and other expenses (20,000,000). He will pay KRW 250,000,000,000,000, in total of investment profits including the investment principal.

However, even if a profit occurs, it shall not pay more than the same amount, and even if it is less than the same amount, it shall be liable.

The date of payment: On December 31, 2016, the date of payment shall be the second-class registration of establishment of the right to collateral security on the E-Y 1,878 square meters in Sinjin-si for the security of the said amount, and shall be the next gold.

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