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(영문) 수원지방법원 2016.09.08 2016가합73494
근저당권말소
Text

1. The Defendant (Counterclaim Plaintiff) received the following amount of money from the Plaintiff (Counterclaim Defendant).

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. From September 2009, the Defendant, from around 1009, invested KRW 80 million due to the expenses for the installation of the party room, to operate the party room business in E-commercial building on the Plaintiff’s Dong C and Seosung-si, and ten parcels of land.

B. Around September 2010, the Defendant demanded C to compensate for investment loss in the above party funeral business, and C, without obtaining the Plaintiff’s permission, prepared one copy of the monetary loan agreement in the name of the Plaintiff with the purport that C will take over the obligation of KRW 238.5 million that it would pay to the Defendant without obtaining the Plaintiff’s permission, and deliver it to the Defendant.

The Defendant stated in the said monetary loan agreement that the Plaintiff would not claim KRW 70 million out of KRW 238.5 million to the Plaintiff.

(C) Suwon District Court Decision 2014No7705 decided c.

On April 16, 2012, the Defendant filed a lawsuit against the Plaintiff seeking payment of the agreed amount of KRW 150,500,000,000,000 (i.e., KRW 238,500,000 - KRW 70,000 - KRW 18,000), excluding the debt acquisition amount of KRW 238,50,000 as stated in the said monetary loan agreement, and the remainder of KRW 18,050,000,000,000 paid by the Plaintiff (Seoul Southern District Court Decision 201Da15507, Seoul Southern District Court 201), against the Plaintiff (Seoul District Court 201Ga1, 15507). The following adjustments were established between the Defendant and the Defendant, while C was present as the Intervenor:

(hereinafter referred to as “instant protocol of mediation”). 1. C pays to the Defendant KRW 130 million, which shall be divided into KRW 50 million until May 31, 2012, and KRW 80 million until August 31, 2012, respectively.

C If C fails to perform this, the amount to be paid by C to the Defendant shall be increased to KRW 150 million of the principal plus KRW 20 million, and C shall be at the rate of 20% per annum from the date following the agreed payment date to the date of full payment with respect to the remaining amount calculated by deducting the amount already paid from the above KRW 150 million to the Defendant.

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