logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.08.18 2017가합51180
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that the Defendant, on October 31, 2006, ordered the Plaintiff to pay a KRW 1 billion with a monetary reward for meritorious services on April 30, 2007 (hereinafter “instant agreement”) to the Plaintiff on April 30, 2007, may be acknowledged either by dispute between the parties or by the statement in evidence A No. 1.

Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff one billion won and the damages for delay after May 1, 2007.

2. Judgment on the defendant's assertion

A. The summary of the defendant's assertion 1) The defendant gave a monetary reward of one billion won to the plaintiff upon the plaintiff's public conflict. The plaintiff was convicted of the crime of extortion. Nonetheless, compelling the defendant to implement the agreement under the agreement of this case, i.e., the agreement of this case, constitutes a case where social order is preserved. Thus, the agreement of this case is null and void pursuant to Article 103 of the Civil Act. Thus, the claim of this case under the premise that the agreement of this case is valid cannot be accepted. 2) The defendant filed a complaint of this case on November 2007 as a suspected fact, such as "the plaintiff received a written statement by threatening the defendant" around November 2007, and such complaint of this case is an expression of intent by coercion under Article 110 (1) of the Civil Act, and thus, the agreement of this case was lawfully revoked pursuant to Article 10 (1) of the Civil Act.

Therefore, the Plaintiff cannot claim a monetary reward under the instant agreement to the Plaintiff.

3) The Plaintiff’s claim against the Defendant under the instant agreement is a commercial claim and the five-year extinctive prescription is applied. Since the instant lawsuit was filed after the lapse of five years from the maturity date, the Plaintiff’s claim became extinct after the lapse of five years. 4) Even if so, the instant agreement is concluded.

arrow