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(영문) 창원지방법원 2017.12.14 2017나53115
대여금
Text

1. The defendant's appeal is dismissed.

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

3. Article 1 of the judgment of the court of first instance

Reasons

1. Basic facts

A. On January 4, 2016, the Defendant prepared and delivered to the Plaintiff a letter of intent to pay KRW 20,000,000 to the Plaintiff by automatic transfer of KRW 300,000 each month (hereinafter “instant letter”).

B. On January 8, 2016, the Defendant filed an automatic transfer application with the Plaintiff for the purpose of transferring KRW 300,000 per month from January 25, 2016 to June 25, 2021, in accordance with the instant application form, from January 25, 2016 to June 25, 2021. Upon the application, the Defendant transferred KRW 2,40,000 to the Plaintiff in total eight times from January 25, 2016 to August 25, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-2, the purport of the whole pleadings

2. The assertion of the parties and their determination

A. 1) The plaintiff's assertion 1) The plaintiff is obligated to pay to the plaintiff money under the quasi-loan contract or the agreement of each of the instant agreements since the plaintiff and the plaintiff's children were made by intimidation, and used money equivalent to the living expenses, etc. on behalf of the defendant later, and the plaintiff demanded repayment of the total amount of KRW 20,000,000, and the defendant consented thereto. Thus, the defendant is obligated to pay to the plaintiff money under the quasi-Loan contract or the agreement of each of the instant agreements. 2) The defendant's argument of this case was made by a declaration of intention, not by intention, and even if not, it was made by intimidation, it should be revoked by coercion

B. According to the above facts of determination as to the cause of claim 1, it is reasonable to view that the Defendant, by preparing the instant written statement, agreed to pay KRW 300,000,000 per month to the Plaintiff by calculating the Plaintiff’s expenses paid for the Defendant as a total of KRW 20,000.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 17,600,000,000, out of the outstanding reimbursement of KRW 20,000,000, as agreed in each of the instant notes, to the Plaintiff as KRW 300,000 each month from August 26, 2016, and in the first instance.

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