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(영문) 서울중앙지방법원 2019.01.31 2017가단111565
각서금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from February 6, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) loaned KRW 500,000,000 to the Plaintiff on December 21, 2009 by making the debtor’s name as the Plaintiff.

(hereinafter “instant loan”). On April 17, 2009, the Defendant was the owner of Seocho-gu Seoul Metropolitan Government D Apartment E (hereinafter “instant apartment”). On December 18, 2009, the Defendant entered into a mortgage agreement with C, the debtor as the Plaintiff, the mortgagee C, and the maximum debt amount of KRW 650,000,00, and completed the registration of the establishment of a mortgage on December 21, 2009.

(hereinafter “instant collateral security”). B.

On December 23, 2011, the Defendant drawn up a letter of performance (hereinafter “instant letter”) with the following content on the Plaintiff.

The Defendant, the owner of the instant apartment, obtained the loan in the name of the Plaintiff by promising to repay the loan within six months or to change the name of the borrower at the time of the loan of KRW 500 million from C to C in 2009, but did not perform the loan even if six months have been postponed on several occasions, and on December 22, 201, the last repayment date, which is the last repayment date, did not make the repayment, and as the following conditions are extended and implemented until February 23, 2012.

1. In the event that the above loan causes damage to the plaintiff, we will compensate the full amount of the plaintiff's damage (the principal amount of KRW 500 million, the shortage of security and the amount of the cost).

2. In addition, in the event of the occurrence of arrears and the delay in the repayment of principal amount to KRW 500 million, we will pay KRW 100 million with the Plaintiff’s credit lowering and mental compensation.

C. On December 28, 2011, the Defendant repaid KRW 180,000,000 to C of the instant loan obligations.

around October 22, 2012, the principal of the above loan remains in KRW 320,000.

In addition, the plaintiff, the defendant, and C are changing the name of the debtor of the above loan on the same day from the plaintiff to the defendant.

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