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Reasons
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(영문) 울산지방법원 2017.12.13 2016가단58293
약정금
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is Defendant B’s wife, and Defendant C is Defendant B’s wife.

The Plaintiff lent KRW 12 million to Defendant B around 1998, KRW 1 million around the end of 2005, and KRW 12.3 million around October 20, 2009.

After the end of May, 2010, the Defendants promised to fully pay KRW 90 million to the Plaintiff KRW 55 million, including KRW 25.3 million and interest KRW 10 million.

Accordingly, the Plaintiff loaned the Defendants KRW 5 million on May 26, 2010, KRW 3 million on May 2010, KRW 3 million on May 2010, KRW 40 million on June 8, 2010, KRW 55 million on June 9, 2010.

Therefore, according to the above promise, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 90 million and damages for delay.

(The plaintiff asserts that only the agreed amount of KRW 90 million is a claim, not a claim for the loan). (B)

Although Defendant B’s assertion has borrowed money several times from the Plaintiff, as otherwise alleged by the Plaintiff, the Defendants did not agree to repay the Plaintiff KRW 90 million in total with the interest accrued therefrom, on June 8, 2010 and June 9, 2010.

2. We examine whether the Defendants agreed to pay KRW 90 million to the Plaintiff.

According to the evidence No. 4, Defendant C, who is the Plaintiff’s wife on June 8, 2010, can be found to have completed the registration of creation of a mortgage over the land E with the maximum debt amount of KRW 70 million in relation to the land E on June 8, 2010.

However, in light of the fact that the maximum debt amount of the right to collateral security created by Defendant C is not more than KRW 90 million, but only KRW 70 million, and that Defendant B borrowed KRW 12.3 million from the Plaintiff on October 20, 2009 and written a certificate of borrowing KRW 28 million in total with the above money borrowed from the Plaintiff on October 20, 2009 (Evidence A, Evidence B, and the purport of the entire pleadings), the above recognition and witness F.

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