logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.05.08 2019가단255150
근저당권설정등기절차이행
Text

1. On January 22, 2016, the Defendant’s ground for establishing a mortgage contract regarding the real estate recorded in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On May 2015, the Plaintiff received the Seoul High Court Decision 2014Na58230 against Nonparty C (hereinafter “Nonindicted Party”)’s recommendation for settlement that “if the Nonparty did not pay the above amount by the payment date, the Nonparty shall pay the Plaintiff KRW 178,477,980 by May 30, 2015. If the Nonparty did not pay the said amount by the payment date, the Nonparty shall pay the unpaid amount by adding the damages for delay calculated at a rate of 20% per annum from the day following the said payment date to the day of full payment.” The said decision was finalized around that time.

B. On January 22, 2016, the Plaintiff, the Nonparty, and the Defendant drafted a written agreement (hereinafter “instant agreement”) regarding claims based on the said decision of recommending reconciliation as follows.

The letter of agreement shall be prepared in order to determine the amount of debt between the creditor and the debtor and the method of payment.

The creditor, the non-party creditor of the plaintiff et al., shall be called "A" and the debtor shall be called "B".

1.(Adjustment) A and B agree to adjust the principal and interest of KRW 178,477,980 to be paid to A, to a total of KRW 90,00,000,00, as the case may be, Party A and B.

2.(Methods of Payment) 2-1 For 2-1 B, 90,000,000 won shall be paid in full by the end of June 2017 to A.

2-2 A shall be paid KRW 5,000,000 on January 13, 2016, and KRW 5,000,000 on January 29, 2016 and shall be paid KRW 10,000 on January 29, 2016.

2-3 A shall pay A total of KRW 24,00,000 for the remaining amount of KRW 80,000,000 for the total of KRW 3,000,000 for the last day of each month from February 2, 2016 to September, and shall be paid KRW 48,00,000 for the last day of each month from October to May 2017;

6. To repay in full the amount of KRW 90,000,000 by paying KRW 8,000,000 on the last day.

2-4 The amount paid in installments to A shall be at least 3,00,000 won per month.

3. (Civil Litigation Cases) On the premise that the above conditions are observed, A takes place to B.

arrow