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(영문) 서울동부지방법원 2020.12.11 2018나27067
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Under the underlying facts, facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the overall purport of the pleadings in each entry in Gap evidence Nos. 1-9, Eul evidence Nos. 1-16, and 26 (including each number).

On November 20, 2013, the Defendant: (a) granted the right of representation for the conclusion of a land sales contract from E and D, etc.; and (b) concluded a sales contract with C on November 20, 2013 to sell each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and R-S forest and 8694 square meters of U forest and land owned by the Defendant, as in the inn city owned by the Defendant; and (c) sell each of the instant real estate in total of 4 billion

B. On November 25, 2013, the Plaintiff and the instant real estate as joint collateral are the maximum debt amount, the creditor, the mortgagee of the right to collateral security, C, the Defendant of the right to collateral security, the Defendant of the right to collateral security, the Defendant of the right to collateral security, the obligor of the right to collateral security, the Defendant of the right to collateral security, and D, the right to collateral security (see, e.g., evidence 18; hereinafter referred to as “mortgage security contract”).

(2) On November 27, 2013, C borrowed 15 million won from the Plaintiff as the due date for repayment on February 26, 2014, the interest rate of 24% per annum, and the due date for payment of interest at the due date for repayment.

(3) On November 26, 2013, the Plaintiff: (a) the real estate listed in paragraph (1) of the attached Table No. 4 owned by D (hereinafter “real estate No. 1”) owned by the Plaintiff on November 26, 2013

As to the registration of establishment of a collateral security right, KRW 18 million for the establishment of a collateral security right, the maximum debt amount of which is KRW 18 million for the establishment of a collateral security right, the debtor C, and the plaintiff, on November 27, 2013, the establishment of a collateral security right, each of the real estate listed in attached Table Nos. 2, 3, and 4, and the real estate listed in attached Table No. 5, owned by the defendant (hereinafter referred to as “second real estate”).

As to the above.

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