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Reasons
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(영문) 서울고등법원 2016.05.12 2015나2061222
약정금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff has been running a credit business in collaboration with H, one of its affiliated parties, from around 200 to the present date. The Plaintiff seems to have run an unregistered credit business without registering the credit business. 2) The Defendant is the mother of K and D under the J’s guarantee on August 17, 2005.

E is the wife of K K's pro-friendly job offers G.

(2) At that time, K et al. loaned KRW 160 million to K et al. (hereinafter “K et al.”), while lending KRW 100 million to Defendant D and E (hereinafter “instant prior loan claims”), if K et al. repays the above loan obligations to Defendant by September 1, 2005, K et al. agreed to pay KRW 185 million to the Defendant, and KRW 300 million in the event of repayment of the above loan obligations between the Defendant and August 16, 2006, respectively. If the above loan obligations are not met by August 16, 2006, K et al. agreed to transfer ownership of C forest land owned by D and E to the Defendant as the cycle of transfer;

At the time D/10 square meters of C/C forest land and 3/10 square meters of land at the time when D/E was jointly owned with the prior loan claim of this case as the secured claim of this case.

(hereinafter “the forest of this case”) completed the registration of creation of a mortgage in the name of the debtor D and E (hereinafter “the mortgage of this case”) with respect to the forest of this case (hereinafter “the forest of this case”).

B. A letter of commitment stating that the Defendant’s failure to repay the above loan obligation to the Defendant even before August 16, 2006, including the occurrence of the contract deposit claim against G, 1 K et al., promises to sell and purchase the forest of this case to the Defendant on September 30, 2006, and if it is impossible to sell and purchase the forest of this case, she will accept the forest of this case by February 25, 2007, and the acquisition price shall be KRW 230 million.”

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