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(영문) 수원지방법원 2016.12.06 2016가합72262
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 560,00,000 and the interest rate of KRW 15% per annum from March 10, 2016 to the date of full payment.

Reasons

1. Basic facts

A. In the United States, the Plaintiff resided in the United States in around 2000 and asked the Defendant to sell and purchase real estate and keep related money. Upon the Plaintiff’s request, the Defendant disposed of real estate owned by the Plaintiff or the Plaintiff C and kept the purchase price, etc.

B. On July 18, 2012, the Plaintiff and the Defendant drafted a certificate of the agreed amount (as follows):

(2) The agreement amount of KRW 560,000,000,000 on the basis of the agreement with the Plaintiff and the Defendant on the basis of the above agreement (hereinafter referred to as “instant agreement”). The agreement amount (agreement amount): 560,000,000

1. Amount agreed upon: The amount that the defendant shall pay to C: 300,000,000 won which the defendant's wife (D) shall pay to C: the amount that the defendant's wife (D) shall pay to C: interest and consolation money on the above amount: 80,000,000 won in total: 30,000,000 won in total; and 560,000,000,000 won in total, shall be the following real estate for the purpose of implementing the above agreed amount.

Indication of Real Estate:

1. Jung-gu Incheon Jung-gu E-gi 436 square meters;

2. The whole of above ground buildings;

(b) The details of establishment registration of a neighboring mortgage and the maximum amount of related claims: 560,000,000 won: Interest-free creditor of the plaintiff: The debtor and the secured person: The defendant: The interest-free creditor shall be paid by the exercise of the right to collateral security at the time of receiving the land

A. It is confirmed that there is no obligation between the Plaintiff, the Defendant, and C with respect to the establishment registration of the above right to collateral security.

B. In addition, the registration of the establishment of a neighboring real estate as a land building compensation district is not required to further demand (request) that the bonds and obligations between the above parties be extinguished regardless of the increase or decrease of the amount of compensation based on the right of the neighboring land, regardless of the receipt of the compensation.

(Confirmation of the existing status of each party on the register)

C. When the plaintiff receives compensation based on the above right to collateral security, the defendant shall actively cooperate.

3. Provisional seizure of immovables;

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