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1. The part of the judgment of the court of first instance regarding the principal lawsuit is revoked, and the plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.
2...
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Determination as to the main claim
A. In the main point of the Plaintiff’s assertion, before the Plaintiff’s speech C (hereinafter “the deceased”) dies, the Defendant transferred the Plaintiff’s claim for loans worth KRW 30 million to the Defendant of the deceased (hereinafter “the instant loan claim”). Since the Defendant consented to the assignment of the above claim, the Defendant is obliged to pay the remainder of the claim acquisition amount of KRW 2.7 million, excluding KRW 3 million to the person who was paid by the Plaintiff.
Preliminaryly, on May 24, 2016, the Defendant agreed to pay KRW 30 million to the Plaintiff (Evidence A 3). Thus, the Defendant should pay the amount stated in the claim as agreed money.
B. 1) Determination 1) The existence of the loan claim of this case cannot be acknowledged as the existence of the loan claim of this case, since the plaintiff's assertion and evidence on the existence of the loan claim of this case, whether and when the loan claim of this case was established, details of transactions, etc. are not proven prior to the judgment as to the assignment of claims. Therefore, the plaintiff's primary argument is without merit without any further review. 2) The plaintiff's primary argument is not sufficient to recognize the agreement of the plaintiff's assertion because the plaintiff's primary argument is merely a record of recording conversations with D, the plaintiff's husband of this case, and there is no evidence to prove that the plaintiff agreed to pay KRW 30 million to the defendant.
Therefore, the plaintiff's above assertion is without merit.
2. The Defendant’s judgment on the counterclaim was confiscated as a penalty for breach of a real estate sales contract, and the amount of KRW 3 million paid to the Plaintiff was paid to the Plaintiff on condition that the Plaintiff would not be bullying by finding the Defendant’s or the Defendant’s family members. Since the Plaintiff violated the terms and conditions thereof, the amount of KRW 3 million already paid should be returned.