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(영문) 서울중앙지방법원 2017.06.15 2016가단5040364
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 5,000.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Defendant is a person who operates “D points” (hereinafter “1 points”) and “E points” (hereinafter “2 points”) on the second floor of the C building located in Gangnam-gu Seoul, and the Plaintiff is an employee at each of the above stores from June 18, 2015 to December 17, 2012.

B. On December 30, 2015, the Plaintiff prepared and delivered to the Defendant a written performance note stating, “The Plaintiff shall pay KRW 5 million out of KRW 7,249,474, which is suspected of embezzlement, and KRW 1.5 million out of which shall be offset by wages, and the remainder KRW 3.5 million shall be paid in installments, from February 10, 2016 to November 10, 2016 (hereinafter “each of the instant notes”).

[Ground of recognition] Facts without dispute, evidence No. 6, and purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserted that the defendant embezzled the goods, etc. of No. 2 without any specific grounds, and forced the plaintiff to prepare them, and made them in the state of drinking, such as threatening the plaintiff to make a strong atmosphere with a person who is the Administrator of the Labor Agency, and making it a fluorous atmosphere. Since the plaintiff cancelled it on the ground of declaration of intention by coercion, the plaintiff asserts that he did not bear an obligation under each of the instant documents against the defendant, and sought confirmation as the principal lawsuit.

As to this, the defendant recognized the fact that the plaintiff embezzled the goods, etc. of No. 2, and decided to compensate for part of the amount of damages, and it is not by coercion, and the plaintiff asserts that the defendant is liable to perform his/her liability, and that the plaintiff is liable to pay five million won as a counterclaim.

(b) Determination as to whether a declaration of intent has been made by duress (1) is first written in Gap evidence of 1 to 11, Eul evidence of 1 to 16 (including any number).

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