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(영문) 서울고등법원 2017.11.24 2017나2030529
약정금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The reasoning for this part of the judgment of the court concerning the cause of the claim is the same as that of Paragraph 1 of the judgment of the court of first instance, and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure

2. Judgment on the defendant's assertion

A. The defendant alleged that the above loan repayment contract was made up by the plaintiffs' coercion and thus its validity is null and void. However, considering the following circumstances acknowledged by adding the whole purport of arguments to the statements in Gap evidence Nos. 3 through 12 and Eul evidence Nos. 7 (including the serial number; hereinafter the same shall apply), it is insufficient to recognize the fact that each of the above loan repayment contract was made up by the plaintiffs' duress, and there is no other evidence to prove that the above loan repayment contract was made up by the plaintiff's coercion. Thus, the above argument by the defendant is without merit.

1) From April 30, 2008 to May 6, 2008, the Defendant withdrawn and used a total of KRW 230,000,000 from the Plaintiff’s bank account managed by the Defendant, and then prepared and delivered the following documents related to the payment of the said money to the Plaintiff A. ① The cash custody certificate as of April 24, 2008: Amount of KRW 39,000,000 and interest amount of KRW 2.5,600,000: the bill of exchange as of May 17, 201: the Defendant collected KRW 507,60,000 from the bank account as managed by the Defendant from November 10, 2008 to March 26, 2009, and then prepared and delivered the following documents with respect to the payment to the Plaintiff B:

① The amount of cash custody certificate as of March 10, 200: The amount of KRW 354,292,600 and interest interest (2) as of May 17, 201: the amount of KRW 402,00,000 and KRW 2% per month interest rate of KRW 402,00,000: the Notarial Deed as of October 30, 201: the amount of KRW 434,160,00 and the Defendant also prepared and delivered the following documents to the Plaintiffs:

① As of November 1, 2011: With respect to the Defendant’s business, the entire amount of KRW 710,000,000,000 for principal over five years from 2006 shall be without the consent or permission of the Plaintiffs.

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