logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.08.22 2013가단11454
각서금
Text

1. The defendant shall pay 25,00,000 won to the plaintiff and 20% per annum from March 23, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, from October 14, 2009, lent money to the Defendant’s Intervenor’s Intervenor (hereinafter “ Intervenor”), on or before February 23, 2012, set up a collateral security right as to KRW 1,375,00,000,000,000 for D forest land owned by the Intervenor to secure the Intervenor’s loan claims against the Intervenor that occurred until February 23, 2012 (i.e., E forest land was divided into KRW 456,00,000; and (ii) the remaining registration conversion and land category change of D forest land were currently 879,00 square meters; (iii) and 661,000 square meters of G forest land (hereinafter “instant land”).

B. Meanwhile, around July 2011, the Intervenor requested the Defendant for the civil and civil construction of the instant land. Around July 2012, the aforementioned construction was fully completed, but the Defendant was not paid KRW 15 million out of the civil and civil construction costs by the Intervenor.

C. At that time the intervenor cancelled the right to collateral security established on the instant land (hereinafter “instant right to collateral security”) against the Plaintiff, the intervenor obtained a loan from the instant land as collateral and offered that he/she shall repay 25 million won out of the loan obligations against the Plaintiff to the Plaintiff until July 31, 2012. While accepting such proposal, the plaintiff requested the intervenor to stand surety.

Accordingly, the Intervenor requested the Defendant to provide the remainder of civil construction costs by receiving the instant land as collateral and paying the remainder of the civil construction costs even to the Defendant, and the Defendant consented.

E. Accordingly, the Defendant, on July 26, 2012, issued to the Plaintiff a letter stating the purport of the promise to pay the Plaintiff the said money until July 31, 2012 (hereinafter “instant promise”) if the Intervenor fails to pay the Plaintiff KRW 25 million to the Plaintiff by July 31, 2012, and issued it to the Plaintiff by the said date. The Plaintiff around that time.

arrow