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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 21, 2005, the Plaintiff, who was a public official belonging to the female viewing service, was granted a loan of KRW 50,000,000 from the Defendant (hereinafter “instant loan”), and when he retires before the said loan is fully paid, a written statement of intent to preferentially repay the said loan with the retirement benefit payment (including retirement allowance) was prepared and delivered to the Defendant.
B. Meanwhile, on June 27, 2013, the Plaintiff filed an application for credit recovery support with the Credit Counseling and Recovery Commission. Around October 10, 2013, the Credit Counseling and Recovery Commission adjusted the principal and interest amounting to KRW 80,379,945, including the debt of the instant loan, and the Plaintiff paid 41,63,680 each month from December 21, 2013 to 96 months in total, with the Plaintiff repaid KRW 41,63,056 each month from December 21, 2013.
C. On December 31, 2015, the Plaintiff retired from office as of December 31, 2015. On January 4, 2016, the Public Official Pension Service deposited KRW 54,079,840 of the Plaintiff’s retirement allowance into the Defendant account (Account Number: B) designated as the retirement allowance receipt account at the time the Plaintiff received the instant loan.
Accordingly, while the Plaintiff intended to withdraw the above retirement allowances, the Plaintiff could not withdraw due to the suspension of payment, on January 5, 2016, the Plaintiff visited the office of the Net Credit Management Agency to which the Defendant belongs on January 5, 2016. At this point, the Plaintiff’s employees C, as the Defendant’s obligor, approved that the total amount of debt as of January 4, 2016 is KRW 7,283,269 (the principal amount of KRW 44,252,830, 49,480, interest amount of KRW 32,980,959) (the principal amount of KRW 49,480, 34,310,000, the remainder of KRW 10,000,000 per month, and the Defendant’s employees agreed to repay from the above account by automatic transfer for 180,000,000 per month. The Plaintiff’s promise to repay the said amount to the Defendant’s obligor (hereinafter “instant promise”).
(e)in this case;