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(영문) 제주지방법원 2017.01.12 2016가합11284
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. If the purport of the entire argument is added to the statement in the evidence No. 1 of the judgment on the cause of the claim No. 1, the Defendant’s loan certificate stating that “The Defendant will repay KRW 410 million to the Plaintiff on November 24, 2015 until July 1, 2016” is “the instant agreement.”

Inasmuch as it is recognized that the Defendant prepared the Plaintiff, barring special circumstances, should pay KRW 166 million to the Plaintiff out of the remaining agreed amount of KRW 210,000,000,000, excluding KRW 200,000,000,000,000 to the Plaintiff.

2. Judgment on the defendant's assertion

A. On November 24, 2015, the gist of the Defendant’s assertion was to prepare a certificate of loan worth KRW 410 million to the Plaintiff on November 24, 2015 with a view to maintaining an inappropriate relationship with the Plaintiff in the state of marriage, and the said monetary payment agreement is null and void as a juristic act contrary to social order.

B. The following facts or circumstances are acknowledged if the purport of the entire pleadings is added to the evidence Nos. 1, 2, and 1 to 6 of the above evidence.

Around October 2015, the Plaintiff requested the Defendant to purchase the housing at Jeju City, which was the spouse, and the Defendant concluded a sales contract with the owner of the housing and transferred down payment KRW 40 million on October 18, 2015.

When the defendant's spouse came to know of the fact that the contract was concluded, the defendant temporarily suspended the execution of the contract.

However, on November 1, 2015, the Plaintiff strongly demanded that the registration of ownership transfer be completed, and the Defendant made a written agreement of this case with the purport that the Plaintiff would pay KRW 410 million (the total amount of KRW 10 million, including acquisition tax, if the purchase price is KRW 400 million) if the Plaintiff cannot complete the registration of ownership transfer until then, until July 1, 2016.

On December 9, 2015, the Defendant paid KRW 160 million to the owner of the housing on December 9, 2015, and bears KRW 10 million as the cost of ownership transfer registration.

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