Defendant B shall pay to the Plaintiff KRW 40,000,000 and the interest rate of KRW 12% per annum from December 28, 2019 to the day of full payment.

As to the cause of the claim against Defendant B, the Plaintiff lent KRW 50,000,00 to Defendant B in around 2005 (hereinafter referred to as “instant debt”). Defendant B paid KRW 10,00,000 to the Plaintiff on April 21, 2019, and Defendant B paid KRW 50,000 to the Plaintiff on April 23, 2019, and paid KRW 40,000 in total within six months, and paid KRW 50,000,000 in total (hereinafter referred to as “instant agreement”). The fact that the Plaintiff drafted a written agreement to the effect that there is no dispute between the parties, or that it is recognized in full view of the purport of the entire pleadings in the statement of evidence No. 1.

Meanwhile, the Plaintiff is a person who received reimbursement of KRW 10,00,000 from Defendant B, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff delayed damages calculated at the rate of 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from December 28, 2019 to the date of full payment, following the delivery of the original copy of the instant payment order, sought by the Plaintiff.

As to Defendant B’s assertion, Defendant B asserts that the instant agreement is revoked for the following reasons, and thus, the Plaintiff’s claim cannot be complied with.

① The instant agreement was drafted by the Plaintiff’s coercion.

② The instant debt was subrogated to the Plaintiff by Defendant B prior to the formation of the instant agreement, and the Plaintiff and D were to operate a funeral hall as a partnership business, and was extinguished by the settlement of all claims and obligations while closing the funeral hall.

Accordingly, the plaintiff did not extinguish the debt of this case.

The agreement of this case was drawn up by deceiving Defendant B.

However, Defendant B, with the knowledge of the fact that the debt of this case is not extinguished, was found to have been erroneous and thereby caused the Plaintiff to draw up the instant agreement.

The evidence submitted by Defendant B alone was written by the Plaintiff’s coercion due to the Plaintiff’s fraud, or Defendant B was absent from mistake.