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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. Purport of the claim.
Reasons
1. Comprehensively taking account of the respective descriptions of evidence Nos. 1, 2, and 7 as to the cause of the claim and the purport of the entire pleadings, the Defendant may recognize the fact that around the end of 2003, the Defendant agreed to the Plaintiff that “C”’s Internet site business was taken over from the Plaintiff and did not pay the purchase price, and that “the Defendant shall pay KRW 200 million to the Plaintiff,” and that the Plaintiff prepared and delivered a written commitment of performance of the above content (hereinafter “each of the instant statements”) to the Plaintiff.
According to the above facts, barring any special circumstance, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 19, 2017 to the day of full payment, as requested by the plaintiff, among the money agreed to be paid to the plaintiff (the plaintiff stated at the second day of the court of first instance that the plaintiff claimed KRW 10 million out of KRW 200 million on each of the instant written statements of this case and waivers the remainder) as requested by the plaintiff among the money to be paid to the plaintiff (the plaintiff stated at the second day of the court of first instance that the remainder is waived).
2. Judgment on the defendant's assertion
A. The summary of the defendant's assertion is that the defendant has no choice but to prepare and deliver the letter of this case due to the plaintiff's intimidation, and therefore the agreement under the letter of this case or each letter of this case has no effect.
B. Determination 1) In order to constitute a declaration of intent by coercion, the other party should have made a fear and expressed his/her intent by unlawfully notifying any harm (see, e.g., Supreme Court Decision 9Da64049, Mar. 23, 2000). In order for a juristic act to be invalidated by duress, the degree of coercion does not merely make the other party feel fear, but merely because the declaration of intent was made in a state of completely deprived of the intention to make a decision.