1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 13, 2015, the Defendant made an agreement to pay KRW 40,000,000 to C by June 12, 2015 (hereinafter “instant agreement”).

B. On July 13, 2015, C transferred the claim under the instant agreement to the Plaintiff, and thereafter notified the Plaintiff of the transfer of the claim through the Plaintiff on August 4, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the agreed amount of KRW 40,000,000 and delay damages for the agreed amount of KRW 40,000 to the Plaintiff who acquired the claim under the instant agreement.

B. The defendant's defense, etc. 1) since the agreement of this case was made by coercion, the defendant defenses that the delivery of a preparatory document as of November 10, 2015 of this case is revoked. In order to be a declaration of harm by duress, the other party's notification of harm and injury should be made illegally, and thus, the other party's notification of harm and injury should have made an expression of intent. The act of coercion that gives notice of harm and injury is illegal. For the purpose of making it illegal, the act of coercion that gives notice of harm and injury is not justifiable in light of the transaction concept and overall circumstances at the time of coercion, or the contents of harm and injury that are notified to the other party as the means of coercion are inappropriate as a means to achieve the profit pursued by the notice of harm and injury in light of trade norms (see, e.g., Supreme Court Decision 9Da64049, Mar. 23, 200; 1).