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(영문) 서울북부지방법원 2015.11.25 2014가단19834
약정금
Text

1. The Defendant shall pay KRW 94,215,50 to the Plaintiff the annual rate of KRW 30% from August 5, 2011 to the day of complete payment.

Reasons

1. Basic facts

1. Amount borrowed: ninety-four thousand five hundred won;

a. Promissory Notes: 20 million won ( dated 30, 2011)

b. Table of units: 30 million won (on July 26, 2011);

c. Promissory notes shredding: 20 million won.

d. Expenses for a contract on the transfer of collateral security: 20 million won;

(e) Actual expenses: 4,215,500 won;

2. Period of redemption: Three million won per month on December 3, 2011;

4. When paragraphs 2 and 3 above are not met, the Plaintiff may not raise an objection against the establishment of the right to collateral security (Macheon City C, D) at his discretion, and all legal and administrative issues arising when the disposal of the right to collateral security does not proceed smoothly, and the burden of expenses is the responsibility of the non-party company.

5. When the above-mentioned disposition is known, or when the above-mentioned disposition is disposed of, the amount and interest of the above establishment and the cost of administrative disposition are not met, the non-party company shall immediately repay the difference, and no objection shall be raised against the non-party company and the guarantor even if the non-party company and the guarantor are unable to comply with it

A. On August 4, 2011, a forest food company (hereinafter “foreign company”) entered into an agreement on the payment of the borrowed money (hereinafter “instant agreement”) with the Plaintiff on the following terms and conditions. The Defendant and E guaranteed the Plaintiff’s debt to the Plaintiff on the same day. They and the Plaintiff were certified as a deed signed by a private person under the instant agreement.

B. On March 16, 2011, with respect to the F-owned forest C and D forest (hereinafter the above two forests and fields “instant real estate”), the right to collateral security (hereinafter the “instant right to collateral security”) was established on March 16, 201, consisting of the mortgagee G, debtor F, and maximum debt amount of 200 million won. However, on August 4, 2011, the instant right to collateral security (hereinafter the “instant right to collateral security”) was completed on August 4, 2011.

【Ground for Recognition: Facts without dispute, Gap 5 evidence, Eul 1-2

2. The assertion and judgment

A. The plaintiff alleged by the parties concerned filed a claim against the defendant for the performance of the joint and several liability pursuant to the agreement of this case.

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