logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.11.25 2014나104276
약정금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The Defendant’s agreement to pay KRW 70 million to the Plaintiff on September 23, 2013, and to pay by December 30, 2013 can be acknowledged in full view of the purport of the entire pleadings as to the entries in the evidence No. 3 (hereinafter “each of the instant statements”)

B. Therefore, the defendant is obligated to pay to the plaintiff the above agreed amount of KRW 70,000,000 and damages for delay, unless there are special circumstances.

The plaintiff's assertion is justified.

2. Judgment on the defendant's defense

A. At the time of the formation of each of the instant notes, the Defendant: (a) asked the Defendant to call that “at the time of the formation of the instant notes, the Defendant would not send each letter to the Defendant, stating that “I would not bring about to the family of parents, whether I would not use it as the other party and would not use it; and (b) the Defendant would be detained and confined in the prison if the Plaintiff was erroneous for the Plaintiff due to the inter-cepting incident; and (c) the Defendant would have prepared and arranged each of the instant notes without any choice to think that I would live in harmony with his own consciousness. Therefore, each of the above forms was made by coercion, and the Defendant argued to the effect that the Defendant would revoke his/her expression of intent, but it is difficult to view that each of subparagraphs 1 and 2 was made by duress, and there is no other evidence to acknowledge it otherwise.

We cannot accept this part of the defendant's argument.

B. The Defendant asserts that the Defendant’s debt of this case was extinguished by agreement upon the formation of conciliation in a divorce lawsuit between the Plaintiff and the Defendant. 2) In full view of the purport of the entire pleadings in the statement of No. 2, the Plaintiff filed a divorce lawsuit against the Defendant on September 24, 2013 (Seoul Family Court 2013D9389), and on April 11, 2014 during the lawsuit, “the Plaintiff and the Defendant” are divorced between the Plaintiff and the Defendant on April 11, 2014, and the child support is paid by the Plaintiff, and the Defendant is consolation money 15 million won to the Plaintiff.

arrow