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(영문) 울산지방법원 2017.03.22 2016가단54550
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 1, 1999, the Plaintiff, including the agreement of the Plaintiff, C, and D, lent KRW 150 million to C for the purpose of registration expenses required for the completion of construction of the building E (hereinafter “instant commercial building”) and received from C a promissory note (the issuer C and the due date March 24, 2000) with a face value of KRW 180 million.

C, as he was unable to pay the money at the due date, he promised to pay the Plaintiff the sales amount of No. 117 (hereinafter “No. 117”) of the instant commercial building in the name of F.

Accordingly, on November 27, 2003, the Plaintiff prepared a letter of delegation of claims to F's agent D to delegate the right to recover KRW 160 million out of the loan to F's agent D.

On the same day D promised to pay to the Plaintiff KRW 160 million out of the Plaintiff’s loans to the Plaintiff at the time of receipt of the balance under 117 as the F’s agent, provided that this undertaking was made up with a commitment that the content of this undertaking is limited to 117.

On June 15, 2004, the Plaintiff received a ruling of provisional seizure of real estate as to the claim amounting to KRW 160 million in Suwon District Court Decision 2004Kahap569, Ansan Branch of Suwon District Court (No. 2004Kahap569).

(hereinafter “instant provisional seizure”). (b)

The Defendant, in order to purchase each shop of the shopping districts with a plan to develop a large discount, agreed to cancel the provisional seizure of this case on March 2005 and pay 75 million won out of the damages to the Plaintiff when the business was performed smoothly. In order to purchase 117, while the auction procedure was in progress on March 2005, the Defendant: (a) purchased each shop of the shopping districts; (b) concluded that the Plaintiff shall take over the store of this case and pay 75 million won when the business was performed smoothly.

On March 30, 2005, in order to secure the payment of the said money to the Plaintiff, the Defendant completed on March 30, 2005 the registration of the establishment of a neighboring commercial building in G with the maximum debt amount of KRW 75 million and the debtor G with respect to the instant commercial building 113.

hereinafter referred to as the "mortgage of this case" is the "mortgage of this case

On the same day, the Plaintiff applied for the rescission of the provisional seizure of this case.

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