Kim v. Son
California Court of Appeal, Fourth District
WL 597232 (2009)
Son (defendant), who never personally guaranteed Kim's (plaintiff) investments in or loans to Son's failed businesses, became intoxicated with Kim at a sushi bar and wrote — first in his own blood, then again in pen — a promise to repay Kim approximately 170,000,000 won "to the best of my ability" out of guilt over Kim's financial losses. Kim later sued to enforce this "promissory note," and the trial court ruled the blood agreement unenforceable for lack of consideration; Kim appealed.
Whether a promise to pay money is enforceable where the promisor bears no independent legal obligation of payment, the promise is made while intoxicated, and the promisor is motivated by feelings of personal indebtedness rather than a bargained-for exchange.