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(영문) 서울중앙지방법원 2014.07.23 2013가합560401
각서금
Text

1. The defendant shall pay 175,00,000 won to the plaintiff and 20% per annum from November 1, 2013 to the day of complete payment.

Reasons

In fact, this case’s agreement (the first agreement)

1. The Plaintiff, J, and K (hereinafter “Creditors”) shall fully cancel each of the pertinent matters, such as withdrawal of each auction, cancellation of provisional attachment, cancellation of collateral security, and so on, make it possible to create a first-order mortgage by a financial institution providing D with any balance loans.

2. After the transfer of ownership, D shall set up a collateral security in order to the obligees with respect to the secured obligations with interest-free agreement of October 31, 2013, the principal amount of which is KRW 100 million, KRW 175 million, KRW 325 million, and KRW 300 million in J as of October 31, 2013.

3. By October 31, 2013, C sells I, D agrees thereto, D pays a loan from the purchase-price, and if the difference after the payment of the loan is at least 600 million won, K 10 million won, Plaintiff 175 million won, J 325 million won, and J 325 million won shall be repaid in proportion to Plaintiff 35% and J 65%.

C and D transferred 15, 116, 135, 137, 138, 139, 149, 214, 219, 220, 221 (hereinafter “I”) of the first floor of the I building underground in Mapo-gu Seoul Metropolitan Government H, Seoul, owned by C, to D in order to extend loans against G located in Mapo-gu, Seoul, and F, around May 2013, and made arrangements with the following terms and conditions as “I’s existing loans, etc.” by obtaining new loans from financial institutions: (a) the creditor applying for a sale, provisional attachment, withdrawal of provisional attachment, and establishment registration of mortgage of an individual or non-financial institution with regard to I; and (b) the creditor applying for a sale, withdrawal of provisional attachment, and cancellation of the establishment of mortgage; and (c) the I prepared an agreement with the following terms and conditions as “I’s existing loans, etc.:

Each letter of this case (the second agreement): Relationship with the first agreement

1. This note and the first arrangement are effective at the same time, and the first arrangement alone has no effect.

2. Each piece of money shall take precedence over the primary agreement and the detailed matters which take precedence over such primary agreement shall be as follows:

(b) 1.

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