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(영문) 서울고등법원 2016.03.25 2015나2055500
약정금등
Text

1. The defendant's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, except for the following additional parts:

(The main text of Article 420 of the Civil Procedure Act). 2. Additional part of the judgment of the court of first instance, which is 6.0 billion won, shall include the following:

(See Supreme Court Decision 201Da80258 Decided December 24, 2014) Of the grounds for the judgment of first instance, the following are added as follows: (a) six pages of the grounds for the judgment of first instance are as follows:

(1) The defendant's assertion that each of the instant guarantees, as of June 10, 201, was made regardless of the defendant's truth by coercion or intimidation to file a complaint against the defendant in fraud. Thus, the plaintiffs knew or could have known that they were not the defendant's truth, and thus, the plaintiffs were null and void pursuant to the latter part of Article 107 (1) of the Civil Act or the declaration of intention by coercion pursuant to Article 110 of the Civil Act. However, such assertion is only raised only in the first instance, and it is rejected as there is no evidence to acknowledge it.

3. Accordingly, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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