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(영문) 의정부지방법원 2015.01.16 2014가합2751
대여금
Text

1. As to the Plaintiff’s KRW 265,00,000 and KRW 35,000 among them, the Defendant shall pay to the Plaintiff KRW 265,00,000 from August 9, 2012, and KRW 230,00,00.

Reasons

1. Determination as to the cause of claim

A. On February 19, 2004, the Plaintiff invested KRW 200 million to the Defendant on February 19, 2004, the Defendant’s land C, D, and E (hereinafter “each land of this case”) owned by the Defendant.

(2) On December 1, 201, the Defendant concluded a contract with the Plaintiff to sell the pertinent land and pay the Plaintiff the amount of KRW 1,000,000, and paid KRW 200,000 to the Defendant. On March 6, 2004, the Plaintiff’s Dong F entered into the above contract with the Defendant and paid KRW 200,000 to the Defendant. (2) However, if each of the instant land was not sold for a long time, the Defendant entered into an agreement with the Plaintiff on December 1, 201 as follows (hereinafter “instant agreement”).

The borrower's creditor: The plaintiff's daily payment: 490 million won.

1. The loan period and the repayment schedule 1) 200 million won will be repaid in December 201. 2) 60 million won will be repaid on June 30, 2012.

3) The remainder KRW 230 million shall be repaid on December 31, 2012. 2. The obligee consented to the cancellation of the establishment of security of the land (G and H) and the obligor shall pay part of the principal to the obligee with the additional bank right loan on the land.

In order to implement the above 1-2) and 3) above, the creditor shall set up a security as to the land owned by the debtor (I) and set up the maximum amount of the claim as KRW 348,00,000,000, the principal amount of which is 290,000,000 won.

3. When the above 1. paragraph 1. has not been performed, any punishment, such as the seizure of property rights, shall be borne.

4. The instrument shall be prepared by mutual consultation, and a copy shall be kept in each of them; and

5. In order to register the establishment corresponding to the amount of loans repaid at the time of purchase and sale of apartment units J 402, 106, Yangyang-gu, Yangyang-gu, Yangyang-gu, J. 402, 106 and the amount of loans repaid at the time of purchase and sale of apartment units and to the amount of loans repaid at KRW 683,00,000.

3. In accordance with the instant agreement, when the Defendant repaid the Plaintiff KRW 200 million on December 1, 201, the Plaintiff paid the Plaintiff KRW 200 million on the land G and H as of December 2, 2011.

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