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(영문) 울산지방법원 2016.03.16 2015나1871

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 1 and 5, Eul borrowed KRW 15,00,00 from the plaintiff as an advance payment around October 1, 2003, and Eul thereafter requested on September 6, 2004 to collect KRW 20,000,000, such as the above loan that the plaintiff should pay to the plaintiff on September 6, 2004, and (3) accordingly, the defendant agreed to pay KRW 10,00,000 out of the above amount to the plaintiff on October 15, 2004 with KRW 10,00,000,000 from the defendant's share of KRW 30,000,000,000,000,000,000,000 around 15, 200,0000,000 and delivered to the plaintiff.

The Plaintiff is seeking the payment of KRW 10,000,000 pursuant to the instant agreement. According to the above facts, the Defendant is obligated to pay KRW 10,000,000 to the Plaintiff’s debt to the Plaintiff, barring any special circumstance. Thus, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 10,00,000 per annum of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 21, 2014 to the date of full payment, as requested by the Plaintiff.

2. First of all, the defendant's decision on the defendant's assertion was made by intimidation and coercion on the part of the plaintiff. Thus, the defendant asserted that his expression of intent to assume the obligation is cancelled, and thus, the defendant made the agreement of this case by intimidation and coercion on the part of the plaintiff.