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(영문) 춘천지방법원 원주지원 2017.02.16 2016가합5944

채무부존재확인

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. The Plaintiff and the Defendant have been in a relationship with the Defendant since August 2013.

B. On June 7, 2016, the Plaintiff prepared and sent to the Defendant an explanatory note with the following content (hereinafter “instant text”).

The name of each letter: A Party A promises to provide KRW 300 million if the factory in C is sold.

(B) [Ground for recognition] A’s statement, the purport of the entire argument of the parties to the lawsuit, as to the claim filed by the parties to the lawsuit, the Defendant: (a) threatened the Plaintiff that “I would know that I would know that I would have a relationship between the Plaintiff and the Defendant. However, if I would not know that I would have a relationship between the Plaintiff and the Defendant, I would know that I would have a relationship between the Plaintiff and the local residents,” the Plaintiff would not have any dispute; (b) each of the instant statements was written for the purpose of maintaining a relationship with respect to the existence of a good customs and other social order, and thus, it is null and void in violation of good morals.

Even if so, since each of the instant contracts was made by the defendant's coercion, the plaintiff is revoked.

3) Therefore, the Plaintiff seeks confirmation of the absence of monetary payment obligation based on the instant written statement against the Defendant. As to the counterclaim claim, each of the instant written statements was not drafted by coercion or intimidation by the Defendant.

The plaintiff did not fulfill his promise to marry to the defendant, and the plaintiff did not fulfill his promise to marry to another woman, and the plaintiff was authorized to receive money to introduce another male.

The defendant saw that the plaintiff's act was shotly booming, and tried to organize the relationship with the plaintiff.

When the defendant asks the plaintiff to liquidate the relationship with the plaintiff, it is required to compensate for the mental suffering caused by the plaintiff's act of worship.