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...
1. Comprehensively taking into account the written evidence No. 1 and the purport of the entire pleadings, it is recognized that the Defendant agreed to pay KRW 10,000,000 to the Plaintiff on March 27, 2019, and KRW 5,000,000 among them shall be paid up to April 30, 2019, and the remainder of KRW 5,000,000 to the remainder of May 31, 2019 (hereinafter “instant agreement”). According to the foregoing facts of recognition, the Defendant is obligated to pay KRW 10,000 to the Plaintiff for KRW 5,00,000,000, among them, from May 1, 2019, the remainder of KRW 5,000,000,000 to the date of delivery of each of the instant legal proceedings from June 1, 201 to August 25, 2019, each of the instant agreements prescribed by the Civil Act.
2. Judgment on the defendant's assertion
A. The summary of the assertion ① The plaintiff, the plaintiff's wife, and the plaintiff's children, who did not return money to the defendant, forced the defendant as if they exercised the party violence, and let the defendant prepare a statement of payment (Evidence A 1) stated in the agreement of this case.
Since the Defendant revoked the instant agreement on the ground of coercion with the service of the briefs dated April 23, 2020, the Defendant did not have any obligation to pay the Plaintiff money pursuant to the instant agreement.
② Even if the agreement of this case is valid, KRW 5,00,000, out of the amount of KRW 10,000,000 as stipulated in the agreement of this case, was disbursed by the Plaintiff as the expense for the business of the company operated by the Defendant and the Defendant, and the loss occurred later, the Plaintiff shall be liable for the half of the amount.
Therefore, the money to be paid by the Defendant to the Plaintiff is KRW 7,500,000 (=10,000,000 - KRW 2,500,000).
B. In order to be deemed as a declaration of intent by coercion of judgment as to the assertion, the other party’s declaration of intent to feel fear due to the other party’s unlawfully notifying certain harm and injury.