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(영문) 부산지방법원 2018.04.18 2015가합7230
약정금등
Text

1. The Defendant’s KRW 500,000,000 to the Plaintiffs, as well as 5% per annum from December 4, 2015 to April 18, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff’s effective original engineering Co., Ltd. (hereinafter “Plaintiff’s effective original engineering”), and the Plaintiff’s liquidation price Co., Ltd. (hereinafter “Plaintiff’s liquidation price”) are the companies established for the purpose of each housing construction business, housing site preparation business, etc.

B. On May 30, 2006, with respect to each real estate listed in the separate sheet Nos. 1 through 13, the Plaintiff’s liquidation price for each real estate listed in the separate sheet Nos. 14 and 15 (hereinafter “instant real estate”) on November 24, 2004, the Plaintiff completed each registration of ownership transfer for each real estate listed in the separate sheet Nos. 14 and 15 (hereinafter “instant real estate”). The Plaintiff completed each registration of ownership transfer for each real estate listed in the separate sheet Nos. 1 through 15, and carried out the housing development project (hereinafter “instant project”).

C. On November 29, 2007, the Plaintiff, with the introduction of the Defendant, borrowed KRW 4.1 billion from Russia B ($ 4.456,00) from Russia on November 29, 2007. As to the instant real estate, the Plaintiff created a right to collateral security with respect to the instant real estate as the Plaintiffs, including the maximum debt amount of KRW 4.15 billion, the mortgagee B, and the debtor.

After the cancellation of the above right to collateral security on August 29, 2008, the plaintiff Lee Jae-won Engineering borrowed 2.6 billion won from the Shipping Co., Ltd. on September 1, 2008. As to the real estate of this case, the maximum debt amount was KRW 3.64 billion, the person holding the right to collateral security, the shipping-based agricultural cooperative, the debtor's effective original engineering.

In addition, on September 3, 2008, the Plaintiff-won Engineering repaid KRW 2,099,99,935 ($ 1,826,086.90) out of the above loans to B.

E. In addition, in order to secure the remainder of the obligation against B on September 8, 2008, the Plaintiffs completed the registration of the right to claim ownership transfer on the instant real estate based on the promise to trade the same day in the future of the Defendant.

Article 1 (Purpose) Dyd Development is the defendant in relation to the instant project.

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