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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. Basic facts
A. On June 2016, the Plaintiff completed the said construction by receiving a request from C for floor construction among the Tong-si D loan construction from C, and on June 30, 2016.
B. On August 18, 2017, the Defendant drafted and delivered to the Plaintiff a letter of payment that the Plaintiff would pay the said construction cost of KRW 14,000,000 to October 30, 2017 (hereinafter “instant letter of payment”).
[Grounds for recognition] The descriptions of evidence Nos. 3 and 4, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 14,00,000 won for the above construction cost and 5% per annum as stipulated in the Civil Act from January 1, 2018 to March 13, 2019, the delivery date of a copy of the complaint in this case, as the contents of the written statement of payment in this case, as the Plaintiff demanded from January 1, 2018 to March 13, 2019; Article 3(1) main text of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until May 31, 2019; Article 2(2) of the Addenda of the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings; Article 3(1) main text of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).
3. Judgment on the defendant's assertion
A. The Defendant asserts that C’s intent of payment under the instant payment note is cancelled as a declaration of intent made by coercion, even though C did not have an intention of guarantee or intent of payment for the said obligation to the Plaintiff, and that C’s intent of payment under the instant payment note was cancelled.
At the time of drawing up the letter of commitment of this case, the Plaintiff notifies the Defendant of what harm would be caused if the Plaintiff did not prepare the letter of commitment of this case.