(영문) 창원지방법원 2014.02.07 2013가단8369

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(영문) 창원지방법원 2014.02.07 2013가단8369

보증채무금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts without dispute;

A. The Plaintiff filed a lawsuit against the Defendant’s mother C seeking payment of the amount of KRW 82,00,000,000 per annum from December 23, 2010 to the date of full payment, and the amount of KRW 20% per annum from December 23, 2010, and received a judgment in favor of all of the judgment on June 10, 201 (hereinafter “foreign judgment”), and the judgment of the Nonparty became final and conclusive around that time.

B. On December 21, 2012, the Plaintiff was drafted by the Defendant with the same content as the separate sheet (hereinafter “each of the instant notes”).

2. The plaintiff asserted that, while guaranteeing the payment of principal and interest pursuant to the judgment of the non-party C, the defendant prepared a letter of claim in this case and thus, the defendant is obligated to pay the plaintiff the amount of the claim, which is the remaining amount, out of the non-party's debt pursuant to the judgment of the non-party C. The defendant asserted that the letter of claim in this case was prepared by the plaintiff's intimidation and coercion, and that it is nothing more than written in the sense that the defendant will not be legally responsible,

Therefore, according to the results of the Defendant’s personal examination, there was a serious physical fighting between the Plaintiff and C before the formation of the instant letter. On the date of the preparation of the instant letter, the Defendant attempted to leave the place without complying with the Plaintiff’s written request, but, “I will leave the place until her mother (C) died,” the Plaintiff prepared and avoided the instant letter at the Plaintiff’s end. After that, the Plaintiff was seeking to prepare a notarial deed stating the total debt amount and the method of repayment from the Defendant, but did not have been prepared at the Plaintiff’s resistance. After that, C was found to have been diagnosed by the body of the Plaintiff and C, it was recognized that she was subject to diagnosis, such as the damage of spam and spam, and the result of the Plaintiff’s personal examination, which is contrary thereto, in light of the aforementioned circumstances.

유사 판례

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