(영문) 서울북부지방법원 2019.01.30 2018가합24633

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(영문) 서울북부지방법원 2019.01.30 2018가합24633

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 21, 1997, the Plaintiff and the Defendant prepared a statement of performance (hereinafter “instant performance statement”) with respect to the land of 168,442m2 (hereinafter “land before subdivision”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and received a promissory note with a face value of KRW 200,000,000 issued by the Defendant on the same day.

The defendant shall borrow KRW 200 million from the plaintiff and shall submit a written statement of performance to the person performing the obligation in good faith:

1. Contents of a loan: 100 million won in cash (40 million won in the name of D, the amount of which shall be KRW 30 million in the name of the Bank of Korea, and the amount of KRW 70 million in the name of E);

2. Payment of interest on loans: The interest on loans of 100 million won shall be paid at the defendant's expense until the repayment is made.

3. Repayment of loans: The repayment of loans shall be made only on the principal and at the plaintiff's expense at the time of sale.

4. Security and repayment of borrowed money: To transfer to the Plaintiff the right of KRW 0,00 among the land owned by the Defendant before the split-off, and to repay to the Plaintiff at the market price at the time of sale.

Provided, That when the sale is delayed for a long period, the ownership of forest land shall be transferred immediately to the plaintiff's right.

B. On February 21, 1997, the Plaintiff entered into a mortgage agreement on the land before subdivision with the Defendant, and on February 24, 1997, on the land before subdivision, 240,000,000 won with respect to the land before subdivision, the registration of establishment of a mortgage was completed with respect to the land before subdivision, and on March 12, 2003, the registration of establishment of a mortgage was revoked.

C. On March 31, 2003, the Plaintiff drafted a letter of commitment with the Defendant (hereinafter “instant letter of commitment”) with the following content.

The plaintiff and the defendant recognize the validity of the letter of performance concluded on February 21, 1997 for the common interest and promise to prepare and implement the letter of performance in good faith as follows:

1. The part pertaining to the pertinent 5,000 square meters in provisional registration shall be cancelled, and the remaining part shall be 5,000 square meters in remaining amount.

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