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(영문) 광주지방법원 2016.08.24 2016나451
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. The fact that the Defendant prepared a written confirmation that he/she would pay KRW 8,800,000 to the Plaintiff on December 11, 2014, by December 19, 2014 is not a dispute between the parties, and thus, the Defendant is obligated to pay the Plaintiff damages for delay after February 27, 2015 (the day following the delivery date of the original payment order in this case) as sought by the Plaintiff, barring any special circumstance.

2. Judgment on the defendant's defense

A. The defendant's defense is a multi-level multi-level door-to-door sales company's employee, and the plaintiff, an investor of the above company, has occupied the company's office for five days together with her husband, etc., and the representative director, etc. has made a written confirmation under the above Paragraph (1) because he did not gather it to the defendant who was married in the office, and did not have to do so.

Therefore, since the Plaintiff was aware of the content stated in the above written confirmation as an expression of intention, not a medical doctor, it was null and void or the Defendant revoked it as an expression of intent by duress.

B. Although there is no dispute between the parties as to the fact that the plaintiff found the office where the defendant works together with other behaviors, and prepared and received the above confirmation document, the above fact alone is insufficient to support the fact that the contents of the above confirmation are not the defendant's intention or are indicated by the plaintiff's coercion, and there is no other circumstance or evidence, and therefore, the above defense is without merit.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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