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(영문) 대전지방법원서산지원 2019.02.13 2018가단50678
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 179,913,043 and the interest rate of KRW 15% per annum from February 13, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant (the Plaintiff’s penalty portion) agreed to purchase land under the Defendant’s name by investing KRW 170 million in the Plaintiff, and KRW 60 million in the Defendant’s name. Under the said agreement, the Defendant completed the registration of transfer of ownership on January 28, 1999 with respect to the land of KRW 55,442 square meters prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, which was purchased under the said name, and KRW 1,319 square meters prior to E, July 15, 1997; KRW 1836 square meters prior to F; and KRW 420 square meters prior to G, which were purchased under the said name.

(hereinafter) The foregoing arrangement between the Plaintiff and the Defendant is called the “instant partnership agreement,” and the said land acquired under the instant partnership agreement is called the “instant land”).

Of the instant lands, the registration of the establishment of a neighboring mortgage consisting of C land, D land and E on December 7, 199, the maximum debt amount of 98 million won, the debtor, the defendant, and the non-mortgager I association, the registration of the establishment of a neighboring mortgage on August 26, 2005 with respect to F land, the registration of the establishment of a neighboring mortgage consisting of the debtor, the debtor, the mortgagee, and the non-mortgager J group on August 26, 2005, the registration of the establishment of a neighboring mortgage on G land and H land was completed on January 18, 2013, with respect to G land and H land.

C. On July 31, 2015, the Plaintiff and the Defendant decided to terminate the partnership relationship under the instant partnership agreement. The Defendant held ownership of the instant land and paid the settlement amount to the Plaintiff. Accordingly, the Defendant borrowed KRW 170 million from the Plaintiff in lieu of the settlement amount of the partnership relationship, and the Defendant prepared and delivered a notarial deed of a monetary loan agreement for consumption (No. 376, 2015, hereinafter “notarial deed of this case”).

The plaintiff and the defendant prepare the notarial deed of this case and enter into an agreement on the settlement of the same business relationship (hereinafter referred to as "the settlement agreement of this case") with the following contents on the same day.

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