(영문) 의정부지방법원 고양지원 2017.01.26 2016가합72313

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(영문) 의정부지방법원 고양지원 2017.01.26 2016가합72313

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On February 22, 2013, the Plaintiff asserted that if the Defendant, C, etc. invested money in a real estate transaction, the Plaintiff paid 100 million won to the Defendant, C, etc., including the investment profits, and the Defendant, C, etc. promised to pay 350 million won in total to the said money by August 30, 2014.

On May 30, 2014, the Defendant drafted and delivered to the Plaintiff a promissory note (No. 2, hereinafter “instant promissory note”) stating “The issuer, the Plaintiff, the Plaintiff, the face value of KRW 350 million, the date of payment, August 30, 2014, the date of issuance May 30, 2014, and the place of issuance D” (hereinafter “instant promissory note”).

The Defendant and C, etc., as seen above, did not pay to the Plaintiff the agreed amount or the promissory note payment pursuant to the agreement made on February 22, 2013 (hereinafter “instant agreement amount”) or the instant promissory note payment, despite the occurrence of profits from real estate transactions, such as the purchase of land E, etc. with the money received from the Plaintiff at the time of selling, but resale thereof, etc., so the Defendant is obligated to pay to the Plaintiff the agreed amount or promissory note amount of KRW 350 million and damages for delay.

B. The defendant's assertion that the defendant did not know to the plaintiff that the plaintiff proposed an investment in real estate transactions or promised to pay the contract amount of this case to the plaintiff, and does not engage in real estate business such as real estate transactions with C, etc.

However, upon C’s request, on December 9, 2014, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “the registration of the establishment of a neighboring mortgage”) on five parcels of land, such as land F in the case of Pakistan owned by the Defendant, as a surety to secure the Plaintiff’s debt against C in the first place on December 9, 2014 (hereinafter “Defendant-owned Gri land”).

The Plaintiff asserts.

유사 판례

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