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(영문) 인천지방법원 2021.01.27 2020가단5203
각서금
Text

The defendant shall pay 50,00,000 won to the plaintiff and 12% per annum from March 22, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On April 28, 2015, the Defendant, together with C, D, and E, drafted the following performance notes (hereinafter “each of the instant notes”).

1) Indication 1) "F Forest land of 1825 square meters (owner E) in Jung-gu, Daejeon" (owner E) G 887 square meters in G forest land of 1519 square meters (owner E) and 1519 square meters in I forest land of 6265 square meters (owner E) 5) "J road of 887 square meters (owner E), Defendant C, and D shall fully pay KRW 200 million borrowed from the Plaintiff at the time of preservation registration after completion of the second construction work (payment of KRW 10 million in the previous construction, KRW 50 million as at the end of April, and KRW 50 million as at the end of June). Defendant C, and D shall receive interest of KRW 300 million in the above 200 million from May 20, 2015 to the date of full payment (payment of KRW 3500 million in the actual completion of the construction work, taking into account the loan of KRW 300,500,000 in the Plaintiff.

I reserve up to the date of completion (the date of completion) of the third new loan due to the problems arising from the delay of construction.

Provided, That where the third site is transferred to a third party, the above KRW 350 million shall be paid to the plaintiff as the disposal price.

If the commitment of the above 3 paragraphs is delayed, the defendant, C, and D shall delegate to the plaintiff all the authority concerning the disposal of the entire real estate described above as the indication of the real estate.

The plaintiff to whom the disposition authority has been delegated shall pay the remainder to the defendant, C, and D with the limit of KRW 350,000 as stated in the above paragraph 3.

E, the title of the above real estate, must actively cooperate in the progress of the development plan, loan, sale and purchase, etc.

on April 30, 2015, the amount of KRW 550,000,00 authenticated Promissory Notes No. 500,000 shall be limited to the project of the above land and shall not be separately liable to D and C for criminal liability other than this project.

Plaintiff

Ear

B. On April 28, 2015, the Defendant jointly with C, D, and E, caused the Plaintiff and the Plaintiff at its face value to KRW 550,00,000.

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