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(영문) 인천지방법원 2018.06.28 2017가단28657
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from October 13, 2017 to the date of full payment.

Reasons

1. As to the cause of claim

A. The facts of recognition 1) The Plaintiff collected money from C and D and borrowed money to E in connection with the apartment building construction execution project and did not receive KRW 400 million. On September 5, 2011, the Defendant, who operated E and the office of an architect, prepared a payment note that “the Plaintiff shall pay KRW 150 million to the Plaintiff from the office of the Defendant’s employee to October 30, 201 (hereinafter “instant payment note”). The Defendant attached the certificate of personal seal impression. 2) E and its wife F, on September 5, 2011, paid KRW 10 million to the Plaintiff by December 30, 201, and paid KRW 150 million to the Plaintiff by April 30, 201, and the interest should be calculated and paid as KRW 300,000,000 from March 30, 207 to KRW 300,000.

[Reasons for Recognition] Evidence No. 1, Evidence No. 2, and the purport of the whole pleadings

B. The Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 150,000,000 as well as damages for delay at the rate of KRW 15% per annum from October 13, 2017 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.

2. As to the defendant's argument

A. 1) The Defendant Plaintiff’s assertion as to whether coercion coerciond the Plaintiff’s forced the Plaintiff to put into force, thereby strengthening the Plaintiff’s existence. D demanded F to repay E’s debt, thereby threatening F to bring money.

D has threatened the Defendant and F, who are the land of E, to unfold E, and to report E, which was during the suspension of prosecution, if not prepared.

Since F was aware of the circumstance that the Defendant was snow, and the safety of E was unknown, and the Defendant’s signature was inevitably signed on the instant payment note, it should be cancelled by the declaration of intention by coercion.

B. The plaintiff E was aware that he was in the defendant's office in the course of tracking Eul as he was in default and locked.

(c) capital.

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