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(영문) 창원지방법원 2019.09.06 2018나61946
공사대금
Text

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. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of the first instance, except where the following judgment is added with respect to the Defendant’s new argument at this court. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure

(2) The court below's finding of facts and determination of the first instance court is justifiable in light of the evidence duly admitted and examined by the court of first instance, and there is no error as alleged by the defendant as the grounds for appeal. 2. Additional decision

A. The defendant asserts that the agreement of this case was concluded by the coercion with G involved in the execution of the instant structural construction and should be revoked.

In a case where a third party made duress as to the declaration of intention of the other party, the declaration of intention of this case may be revoked only if the other party knew or could have known the other party of the declaration of intention of the other party. The statement in the evidence No. 14 alone, which the Defendant concluded the agreement of this case by G’s coercion

It is insufficient to recognize that the Plaintiff, who is the other party to the above agreement, knew or could have known the fact of coercion as a third party at the time of the agreement, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

B. (1) The Defendant, as a fishery product processing company, which was a sexual water plant from October to June of the following year, was expected to suffer a big loss due to the completion of construction in the situation where it was predicted that the new construction work of this case would have been completed on October 2016, and E would be in an economic or mental old state. Since the Plaintiff entered into the instant agreement with the Defendant by taking advantage of the current state on the part of the Defendant, it asserts that the instant agreement is null and void as an unfair juristic act under Article 104 of the Civil Act. (2) The instant agreement is objectively deemed null and void.

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