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Reasons
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(영문) 수원지방법원 2018.06.28 2017가단516304
약정금
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1. The Plaintiff:

A. Defendant B shall pay KRW 10,000,000 as well as 30% per annum from April 1, 2013 to the date of complete payment.

Reasons

I. The part on the claim for criminal agreement against the Defendants

1. Facts of recognition;

A. As the representative director of E (E) (hereinafter “E”), the Plaintiff lent 67 million won in total to F from October 7, 201 to October 25 of the same year, and lent KRW 200 million on September 20, 201.

(No. 7) No. 7

On October 7, 2011, Defendant B, upon F’s request, completed the registration of creation of a mortgage with respect to the maximum debt amount of KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000

(hereinafter “instant collateral security”). C.

Around April 25, 2012, F transferred H shares equivalent to KRW 74,287,434 to the Plaintiff on the ground of the foregoing debt repayment. Around April 27, 2012, F repaid KRW 7 million on or around April 30, 2012, KRW 1 million on or around April 30, 2012, KRW 10 million on or around June 1, 2012, and KRW 10 million on or around August 31, 2012.

On December 17, 2012, the Plaintiff and F verify that the amount to be paid to the Plaintiff by F is KRW 399,773,500 on the same day, the Plaintiff and F shall be paid KRW 40 million on the same day, and KRW 10 million on the same day until December 31 of the same year, KRW 10 million until January 31, 2013, and KRW 10 million on the same year;

2. 28.10 million won, and the same year;

3. up to 31. 1 million won and the same year; and

4. 245,773,500 won until 29. The same year.

4. By 30.30. Each payment of KRW 5,585,876, and each payment of KRW 40 million, including KRW 40,000,000,000 to be made on the same day, was agreed to cancel the instant right to collateral security created by B within five days.

(No. 8). (e)

Accordingly, F paid to the Plaintiff KRW 40 million on the same day, and around December 31 of the same year, F paid KRW 10 million on January 31, 2013, KRW 10 million on May 31, 2013, KRW 7 million on May 31, 2013, and KRW 5 million on August 2, 2013, respectively.

(B) On August 2013, the Plaintiff applied for a voluntary auction on the instant real estate based on the instant right to collateral security and applied for a voluntary auction on August 27, 2013.

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