대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff and the Defendant were married to bring one child between two children and divorced on July 25, 2012.
B. The Plaintiff worked for AING Life Insurance Co., Ltd. during the marriage life with the Defendant. On November 23, 2007, the Plaintiff’s mother purchased the Plaintiff’s non-dividend distribution insurance under the name of the said company in order to raise the Plaintiff’s performance.
On August 1, 2011, the Plaintiff terminated the above insurance at the Defendant’s request and received KRW 20,253,814, and paid KRW 20,000 among them to the Defendant from August 2, 201 to August 26, 201.
C. On March 30, 2012, the Defendant, prior to the divorce with the Plaintiff, drafted a deed of commitment (Evidence A 3) stating that “I, prior to the divorce with the Plaintiff, at ING in 2011, have cancelled the pension under the name of the Plaintiff and deposited it into the Plaintiff passbook, and, on the date of redemption of the subscription to the ES entered in the Defendant’s name, I promised to return it to C in the name of the date of redemption. In addition, I promised to transfer 50 weeks to the name by the end of April.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. Plaintiff’s assertion and judgment
A. The Plaintiff’s assertion made an agreement to return KRW 20 million and KRW 30 million in total, including loan money from the Plaintiff and KRW 20 million, to C through the preparation of the above commitment document.
However, as the Plaintiff did not pay the above amount, the Plaintiff subrogated C for KRW 30 million on behalf of the Defendant after divorce.
Therefore, the Plaintiff seeks the payment of the above KRW 30 million with the amount of indemnity to the Defendant.
B. The Plaintiff subrogated for the said KRW 30 million to C.
Before examining whether the Plaintiff acquired the right to demand reimbursement against the Defendant, the Defendant decided to return KRW 30 million to C via the above commitment certificate.