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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 reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the judgment of the new argument that the defendant made in this court, and therefore, it is consistent with the reasoning of the judgment of the court of first instance.
2. Additional determination
A. The Defendant’s summary of the Defendant’s assertion was prepared on September 21, 2015, and the instant loan certificate (Evidence A2) issued to the Plaintiff, which was drafted by the Plaintiff’s coercion, should be revoked.
Therefore, the money that the Defendant paid to the Plaintiff ought to be deemed to have been fully repaid prior to the date of the instant loan certificate.
B. Determination 1) In order to constitute a declaration of harm by duress, the other party should have made a fear and expression of intent by unlawfully notifying any harm and injury. Here, in order to be unlawful, the act of coercioning a certain harm and injury must fall under the case where the profit pursued by the notice of harm and injury is not justifiable in light of the transaction concept and overall circumstances at the time of the act of coercion, or the content of harm and injury notified to the other party by the means of coercion is in violation of the legal order, or where the notice of harm and injury is inappropriate as a means to achieve the profit pursued by the notice of harm and injury in light of the transaction concept (see Supreme Court Decision 9Da64049 delivered on March 23, 200). (See Supreme Court Decision 9Da64049 delivered on March 23, 200). (i) The Plaintiff did not receive the principal and interest of the Defendant in relation to the auction investment in this case. (ii) The Plaintiff demanded the Defendant to prepare the certificate of harm and injury in this case’s course of demanding repayment or preparing the evidence to the Defendant.