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(영문) 수원지방법원성남지원 2015.03.03 2014가단25732
대여정산금
Text

1. The Defendant: (a) 30,000,000 won to Plaintiff A; (b) 10,000,000 won to Plaintiff B; and (c) from May 1, 2014 to each of the said money.

Reasons

1. The following facts for determining the plaintiff's claim do not conflict between the parties, or can be acknowledged by adding the whole purport of the pleadings to the entries in Gap 1, 2, and 6.

① In other words, Plaintiff B lent 10 million won on July 10, 2007, and Plaintiff A lent 200 million won on November 8, 2007 respectively to the Defendant.

② The Defendant paid the Plaintiff B KRW 70 million, KRW 130 million to the Plaintiff, and KRW 30 million to the Plaintiff Company on October 30, 2013, and KRW 40 million to the Plaintiff Company, and agreed to pay KRW 30 million to the Plaintiff Company A within three months, and to pay KRW 30 million to the Plaintiff Company A as interest within six months.

③ After that, the Defendant paid Plaintiff A KRW 20 million on January 29, 2014, and KRW 10 million on February 7, 2014.

According to the above facts, pursuant to the above agreement, the defendant is obligated to pay to the plaintiff A 30 million won, the plaintiff B 10 million won, and the plaintiff B 10 million won, and the copy of the complaint of this case from May 1, 2014, which is the day after six months from the date of the above agreement, to October 2, 2014, which is clearly indicated in the record that the copy of the complaint of this case was served to the defendant, 5% per annum as stipulated in the Civil Act and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the

2. The defendant's assertion that the above agreement is invalid because the defendant's coercion was limited to the mental state of public order by coercion of the plaintiff A.

However, there is no evidence to acknowledge the circumstances as alleged by the Defendant, and even if the circumstances such as the Defendant’s assertion are recognized, it is difficult to view that the above agreement becomes null and void, thereby accepting the Defendant’s assertion.

3. If so, all of the plaintiffs' claims are reasonable, it is so decided as per Disposition by admitting them.

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