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(영문) 서울동부지방법원 2015.03.03 2013가단63807
보증채무이행
Text

1. The Defendant shall pay to the Plaintiff KRW 50 million and the interest rate of KRW 20% per annum from November 14, 2014 to the date of full payment.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap's evidence 1 through 3, entry of Eul's evidence 1 through 3, the purport of all pleadings);

A. C. A. C. A.C. (hereinafter “C.”) is an association established by a seller of commercial land in Gangdong-gu Seoul Metropolitan Government, a housing site development project by E.S., for the construction and sale of a commercial building or officetel building on its ground.

B. On November 2, 2009, C Union borrowed KRW 180 million from the Plaintiff as the down payment for land (hereinafter “the instant loan”). The Defendant jointly and severally guaranteed the instant loan debt.

On the other hand, since June 2, 2010, the agreed interest rate on the loan of this case is 18% per annum.

C. On April 27, 2011, Choyang Construction Co., Ltd. (hereinafter referred to as “Seoul C&C”) entered into a contract on the succession of rights and obligations with C&C with the following content as an executor.

1) C&C is obligated to succeed to the entire execution right of the construction of the above building from C&C, to pay in full the land price and transfer of ownership for E&D construction, to C&C shall pay 31 households of officetels among new commercial buildings at the sale price of the association members, and shall compensate for additional property in accordance with the sale rate of the general sale (Article 2 and Article 3). C&C shall settle an agreement on KRW 180 million out of the purchase price of the land paid by C&C to E&D, and if the general sale portion is 50%, it shall be paid in cash to C&C.

(Article 4. D.)

The Plaintiff demanded C.C. to revise the provisions of the foregoing Paragraph 2, and C. C. and C.C. entered into a contract to modify the above contract for succession to rights and obligations with the following content on June 27, 2012 (hereinafter collectively referred to as “the initial contract for succession to rights and obligations and the modified contract,” and “the instant contract.”

(2) Dao Construction Co., Ltd. (hereinafter referred to as .).

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