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(영문) 대전지방법원 2015.05.14 2014가단46836
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The introduction of the Plaintiff’s assertion led Defendant and C to make a joint investment.

Since then C was unable to settle the investment amount, the Defendant demanded the Plaintiff to prepare a written statement by forcing C to return the investment principal, as it invested in C through the party letter.

The Plaintiff, upon coercion by the Defendant, drafted a letter to the effect that the Defendant borrowed KRW 13 million from the Defendant, and the Defendant received the payment order with the Daejeon District Court 2014 tea5669.

Since each of the above forms is null and void by an unfair juristic act, or can be cancelled by a declaration of intention made by duress, compulsory execution based on the above payment order shall not be permitted.

2. However, there is no evidence to prove that the preparation of the above statement was made by the defendant's duress, and even though the preparation of the above statement did not introduce investment as alleged by the plaintiff, it cannot be deemed unfair to deem that the plaintiff was liable for the return of the investment amount by the preparation of the above statement as unfair, even though the defendant was not responsible for the defendant's production without a monetary lending relationship between the plaintiff and the defendant.

Therefore, the plaintiff's assertion is without merit.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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