beta
(영문) 인천지방법원 부천지원 2018.06.20 2018가합100419

약정금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 150,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 1, 2017 to October 20, 2017.

Reasons

1. The Defendant, on July 22, 2016, drafted a performance memorandum to the Plaintiff (hereinafter “instant performance memorandum”).

The main contents are as follows:

[Written] Each letter of performance: The defendant's address: The above letter of obligation in Kimpo-si, Kimpo-si, Kimpo-si, each of the above letter of obligation in Kimpo-si, Kimpo-si, Kimpo-si, shall pay a sum of KRW 10 million to the plaintiff, who is a respectively, without objection by September 31, 2017.

[Reasons for Recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Determination on the main claim

A. According to the facts acknowledged in paragraph (1) of the judgment on the cause of the claim, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 150 million and damages for delay.

B. Determination 1 on the defenses) The defendant asserts that the plaintiff and the plaintiff's self-contest made a statement of the execution of this case by threatening the plaintiff to the effect that "the plaintiff will cause a width to the connection between the defendant and E", so the statement of the execution of this case in this case is invalid or at least can be revoked by coercion. The execution statement of this case in this case can be seen as follows: ① the sale and purchase contract for the land of Kimpo-si concluded around April 8, 2004 was not properly implemented, but the defendant prepared a promissory note No. 190 million won against the plaintiff around April 8, 2008 (Evidence No. 5), ② the execution statement of this case was prepared between the plaintiff and the defendant, ② the execution statement of this case was made, ② the execution statement of this case was made, ② the execution statement of this case was made, and ③ the evidence submitted by the defendant, respectively, to be paid free from the execution statement of this case.