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(영문) 서울중앙지방법원 2015.05.15 2014가합526552
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On February 4, 1997, upon the request of the defendant and C (hereinafter referred to as "the defendant, etc.") and upon the request of the defendant and C (hereinafter referred to as "the defendant, etc."), the plaintiff provided as security the land and buildings owned by Seocho-gu Seoul E, Seoul, and the land of Seosan City F (hereinafter referred to as "the real estate of this case") in order to obtain a loan of one billion won from a new bank (hereinafter referred to as "new bank").

According to the above provision of collateral, the maximum amount of debt regarding the instant real estate was KRW 1.2 billion, and the debtor D and the mortgagee registered the establishment of a neighboring mortgage with the new bank was completed.

At the time of the above loan between the Plaintiff and the Defendant, etc., 300 million won out of the above loan 1 billion won was used by the Plaintiff, the remaining KRW 700 million was borne by the Defendant, etc., and the interest on the above loan was borne by the Defendant, etc., and if D fails to repay the above loan, the Defendant, etc. jointly and severally agreed to pay the Plaintiff KRW

On August 24, 1998, the Defendant: (a) drafted and delivered to the Plaintiff an agreement on August 24, 1998 stating that “as of August 20, 1998, the Plaintiff had a total of KRW 1.3 billion debt with respect to the above loan and KRW 600 million debt with respect to D/C due to the default on payment of D/C; (b) the interest for KRW 1 billion is replaced by the interest payment for the above loan to the new bank.”

(B) The debtor of the right to collateral security in the name of the new bank with respect to the instant real estate due to the acquisition of the contract on February 2, 1998 after D was in bankruptcy. The debtor of the right to collateral security in the name of the new bank with respect to the instant real estate due to the acquisition of the contract is G Co., Ltd.

was changed to the former.

G At the same time, on October 31, 200, after receiving loans from the Industrial Bank of Korea and repaying the loans to the new bank, G cancels the registration of establishment of a neighboring bank in the name of the new bank, and at the same time, the Industrial Bank of Korea.

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