약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
The court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance, except for adding the judgment as set forth in paragraph (2) below, and thus citing this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Further contents: The defendant's decision on the defendant's deception defense is a document necessary for the plaintiff and her husband's J to exercise his claim against I, and the defendant prepared the contract of this case. If the contract of this case is an agreement that the defendant shall pay to the plaintiff KRW 130 million, it is argued that the defendant will cancel the contract because it is an expression of intent by the plaintiff's deception.
However, there is no evidence to acknowledge the Plaintiff’s deception during the process of concluding the instant contract.
The defendant asserts that the contract of this case was made out by the plaintiff's deception, because the defendant did not have any legal obligation to distribute property to the plaintiff, and there was no economic ability to pay the above money without consideration, and the title of the document is "mortgage transfer contract" and only one copy of the contract was prepared and kept by the plaintiff. However, while the plaintiff was in custody of the trust property received from the network C while the plaintiff was demanded for distribution, E was deceased and the defendant was solely inherited all property, it was sufficient to attract the plaintiff to conclude the above contract. The defendant was assessed at a market price of KRW 250 million around May 2018 as the market price of the inherited property was assessed at KRW 250,000,000,000,000 won. The purport of the contract of this case is that "the defendant will return it to the plaintiff because he was inherited by the plaintiff who was in custody of the plaintiff," or that the defendant's obligation to recover the loan claims is relatively clear."