약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 20, 2002, the Plaintiff’s husband C purchased 23,802 square meters of Gyeonggi-gun E Forest land (hereinafter “instant land”) from D on June 20, 2002, but did not complete the registration of ownership transfer due to personal reasons.
C had a plan to build a factory in the forest above, to sell the land and factory to others along with the land, and delegated F with the business of changing the land category of the land in this case and constructing a new factory.
However, around November 2005, F disposed of the instant land by dividing it and disposing of all of the instant land, and consumed all of the purchase price.
C On December 7, 2005, the right to claim the cancellation of registration of ownership transfer due to the invalidation of cause is the right to be preserved, and as regards G factory site 4,536 square meters divided from the instant land (hereinafter “instant provisional disposition land”), the Suwon District Court was decided to temporarily dispose of real estate under the head of Suwon District Court 2005Kadan103949.
The F and the Defendant proposed to pay KRW 200 million to C on the condition that the above application for provisional disposition is withdrawn and the execution is revoked, and upon mutual agreement, F and the Defendant agreed to pay KRW 200 million to C instead of C.
(F) The Defendant also guaranteed the F’s obligation to the Plaintiff according to the above agreement. In addition, as a security, the Defendant endorsement on January 21, 2008 at the face value of KRW 200 million, the date of issuance on January 21, 2008, the date of payment on September 15, 2008, and the issuer H Co., Ltd. (the representative is the Defendant; hereinafter “Nonindicted Co., Ltd.”) on promissory notes (hereinafter “instant promissory notes”) and delivered it to the Plaintiff.
Therefore, the defendant is obliged to pay to the plaintiff the agreed amount, the deposit amount of KRW 200 million, and the delay damages.
2. The fundamental issue of the Plaintiff’s assertion is an agreement or guarantee under the civil law that the Defendant shall pay KRW 200 million to the Plaintiff, as alleged by the Plaintiff, beyond the Defendant’s burden of obligation under the Promissory Notes.