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Reasons
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(영문) 서울동부지방법원 2014.10.08 2013가합106558
약정금
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1. The Defendants shall pay to each Plaintiff KRW 200,000,000 as well as 20% per annum from November 19, 2013 to the date of full payment.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in each entry of Gap evidence No. 1-1-3, Gap evidence No. 2 and Eul evidence No. 2.

The Plaintiff and Defendant B are between high school dong, and since 2011, the Plaintiff requested Defendant B to lend money to the Plaintiff, the Plaintiff continued a monetary loan transaction with Defendant B by transferring the loan to Defendant B’s account or to the account designated by Defendant B.

On June 16, 2012, the Plaintiff requested Defendant B to provide a collateral related thereto, while the principal and interest of the loan amounting to KRW 880,570,00,00 as of April 16, 2012. Accordingly, on June 30, 2012, Defendant B entered into a mortgage agreement with the Plaintiff to recognize the obligation to pay the principal and interest of the loan amounting to KRW 880,00,000, and to secure it, Defendant B entered into a mortgage agreement with Defendant B as a joint collateral with the amount of KRW 625,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00.

After that, on November 7, 2012, Defendant C, the mother of the Plaintiff, Defendant B, and Defendant B, entered into an agreement with respect to the repayment of the principal and interest of the loan to Defendant B as follows. Accordingly, on November 9, 2012, the Plaintiff cancelled the registration of the establishment of a neighboring mortgage.

Defendant B, the Plaintiff, “B,” and Defendant C, respectively.

1. A shall pay B 200,000,000 won to B within this frame after having received the balance after selling and buying the instant real estate;

2. B shall, until November 2012, cancel the registration of establishment of a neighboring establishment of B, which was established on the instant real estate, so that A can perform its obligations under the said Paragraph (1) properly.

3. The amount of debts, No. 573, 201, No. 573, No. 588, 500, 201, written between A and B:

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