약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Defendant’s husband, who borrowed KRW 50,000,00 from the Plaintiff, was fully repaid part of the principal and interest. The Defendant promised, through C on October 23, 2006, the Plaintiff to pay KRW 30,000,000 to the Plaintiff out of the principal and interest of the above loan amount, may be recognized by taking into account all the purport of the pleadings as follows: (a) No. 2-1 and No. 2 (Certificate of Seal Imprint).
(2) In light of the above legal principles, it is difficult to accept the above legal principles. (3) The defendant's assertion that C used his personal seal without any authority to use his personal seal and prepare the above loan certificate. The plaintiff sought payment of KRW 30,000,000 to the defendant, but according to the evidence Nos. 2-1 through 4, and Gap evidence Nos. 4, the defendant can recognize the fact that the defendant remitted money exceeding KRW 30,000 to the plaintiff's spouse's account from August 7, 2007 to July 11, 2014 to repay all of the above money.
On the other hand, the plaintiff asserts that if he appropriated the above remitted money first to the interest, the amount of KRW 16,160,000 still remains. However, as seen earlier, the defendant would pay KRW 30,000,000 to the principal, and thus, it is not acceptable.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.